In America, we are raised and taught to trust in our legal system. We assume that we will not be accused of doing something that we didn’t actually do(falsely accused), and that if that were to happen, that we’re protected by a legal system that works in our favor to protect us from being convicted.
Innocent until proven guilty right? Nothing could be further from the truth.
People in America are falsely accused far more frequently that we want to think. Subsequently a large number of people are convicted or plea out to charges they didn’t commit. Proof of this is found with the now prominent use of DNA evidence. Through the use of DNA, many people waiting on death row, convicted of murdering people, were found to be innocent.
If you are falsely accused it can be shocking. This is particularly true if your are falsely accused of child molestation or other child sex crime. In today’s society these false accusations are considered by most to be equal or worse than murder. If falsely accused of child molestation, you may not know what to do, how to respond, who to speak with and who not to. If you’ve been falsely accused either directly or by a supposed victim via the police of any child related sex crime, especially if you’re falsely accused of child molestation here is what you need to do immediately:
Recognize the seriousness of a child molestation charge
First, let me be absolutely clear that if you have been falsely accused of child molestation, indecent liberties with a child or frankly any other related child sex accusation, you are being accused of one of the most serious and life impacting crimes in the country. If convicted, you could be facing 25 years or more in prison, lifetime registration as a sex offender, mandatory counseling for years, and loss your right to be around any children including your own. There are very few charges that are more serious and receive such a negative and hostile reaction from the public.
From someone who knows first hand, you will lose friends, people will turn their backs on you. People that trusted you before will talk behind your back, tell lies, and even hang signs up in your neighborhood about you. Do not make the mistake of thinking the accusation isn’t serious or that it will “go away” or even worse that you can handle it yourself. Making these simple mistakes can literally cost you your life as you now know it. Failing to understand the importance of your situation now could have serious consequences down the road.
Get an attorney that specialized in child molestation cases immediately
The very first thing you need to do is find an attorney. Finding one can be challenging, but one of the the best ways is to ask around. If you don’t know anyone that can recommend a good criminal attorney, just find one for now. You can always switch later, but you need someone to represent and guide you immediately. Look for an attorney that has experience in child sex related cases and one that is local to your area. Local attorneys are far more effective than “big city” attorneys. In many cases it’s more about politics than law.
Do not speak to the police or DSS about the child molestation accusation
If you are being questioned by the police, you do not have to say anything. Do not let them tell you otherwise. The most common reaction the falsely accused have is to trust the police and try to open with them since you didn’t actually do anything. Big mistake. The worst thing you can do is think they are on your side. They are not. The police can and will twist your words, trick you into saying things you did’t intend and write up interview notes that are completely incorrect. Remember, they are trained to interview and are very good at it. If you are not under arrest, you can leave and I strongly advise you do so. Don’t even make the mistake of allowing them to question you. Do not even let them in your home unless they have a warrant.
If you are arrested, you still do not have to say anything beyond providing your name, address, and birthday. That’s it. Saying anything else won’t help, but in all likelihood will just hinder your case.
Do not agree to a polygraph test either. Always consult an attorney before agreeing to a polygraph. Most attorneys will not allow you to take one and for very good reasons.
All of this holds true for DSS (Department of Social Services) or CPS (Child Protective Services). This is often one aspect of a child sex accusation that people don’t realize will occur, DSS/CPS will get involved. They will investigate you, potentially remove you from your home and work to force you to take counseling and “remediation” to solve your problem. Working with them can seriously jeopardize your legal case. They cannot enter your home without a warrant unless you give them permission. Don’t give them permission. Consult your attorney before speaking to DSS.
Document everything about the false molestation accusation
From the moment you are accused document everything. Start a journal that documents everything that happens from the accusations to the events leading the accusation. Note dates, times, other people that were around, etc. etc. The more detail you can provide the better. Keep this journal current and updated through your entire case. Not sure if something is relevant or not, write it down anyway.
On the very first page of your journal (on the front cover if you are using a notebook), write: ATTORNEY/CLIENT PRIVILEGE. If you don’t do this, all of your notes can be confiscated during a police search and used against you. Writing Attorney/client privilege protects you.
Your documentation and the details contained within could be critically valuable to your attorney and later your case. My case notes were critically important and are also being used to write my story here on Falsely Accused Dad.
Even better is to purchase a voice recorder and record all conversations. Consult your attorney though as different states have different laws about recording conversations.
Begin locating funds
Defending yourself is going to be expensive. Depending on the charges and case, you can expect to spend anywhere from a few thousand dollars, up to $50,000 thousand and even more. My case cost us more than $25,000 by the time it was all said and done.
An important step you can take is to begin locating funds. Remember, your life is potentially on the line so use whatever funds you can get. Sell things, refinance your home, pull from your retirement, borrow from family and friends. Do whatever it takes to defend yourself and find a good attorney. Child sex charges have a very high rate of conviction, and you will need everything you can to defend yourself. This can include private detectives, expert witnesses (paid by the hour), and special psychological tests. Cases like these can get expensive quick.
That’s one of the reasons so many accused people take plea bargains, they just can’t afford to defend themselves. Remember, the accuser, police and District Attorney have state funds, but you are on your own unless you utilize a public defender. While there are good public defenders, they should only be used if you have no other option.
Educate yourself about child molestation
As with everything in life, the more you understand something the better off you will be. While your attorney will be a valuable resource in assisting and educating you, I strongly advise that you educate yourself as much as possible. Read about past cases, understand the statutes regarding your accusation or charges. There are literally thousands of website and books available that can serve as valuable resources for you.
Books I would recommend include:
- Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony
- Elusive Innocence: Survival Guide for the Falsely Accused
- Expert Witnesses in Child Abuse Cases: What Can and Should Be Said in Court
Reminder: Most important of all of these, KEEP YOU MOUTH CLOSED! Anything you say will in fact be used against you, what you do not consider a “confession” police or social workers are likely to. NEVER EVER EXPLAIN anything you have ever done. They are experts at twisting your words around and making you say things you don’t intend.
If you demand an attorney, and you cannot afford one, the police cannot continue to question you. On June 26, 2000 the United States Supreme Court reaffirmed ALL the provisions of the Miranda decision. Police cannot continue to question you when you have asked for a lawyer to be present. If they persist they risk contaminating a case. REMAIN SILENT! REMAIN SILENT! REMAIN SILENT!
{ 9 comments… read them below or add one }
To those of you our there who are innocent and being investigated or charged with any crime whatsoever.
SAY NOTHING
If the police or any person in athority attempts to question you, state firmly with respect,
My Name Is, I live at, … If you have any other further questions, I suggest you contact my attorney. If you do not have an attorney, ask if you are under arrest. If they say yes, tell them you do not wish to have a conversation, that you want to speak with an attorney immediatey.
Do not let them trick you into talking to them.
This video is not related to topic of the website, but I assure you the tricks the OFFICER used will be similar to the tricks your people use to trick you.
http://www.youtube.com/watch?v=yqMjMPlXzdA
Watch that video.
I am currently going thru a trial in which i am being accused of Sex Assault from two people i have taken care of since they were little. I am having a difficult time dealing with this. As it was mentioned befor, people turn there backs on you, they talk about you and no matter the outcome, it feels i will always be labled.
I have two boys who also will have to deal with this at some point. Please if anyone has advice or can help me, please i need it. I have no money and i feel like everything i have worked so hard for is going down the drain.
LORD SAVE ME AND HOLD THOSE UNJUST ACCOUNTABLE FOR THERE ACTIONS…
Sincerely, Mike C.
I am going thru the same thing being falsely accused of a sex crime. I have no
Idea how to deal w it either.
Im going though the same thing my fiance and her daughter myself and my son and her mother all live togeather well we did her daughter told a counsler i had touched her im being charged with sodamy in the first and having child porn on a home computer they came to our house talked to the kids without our promision and took items from the home without a warrent i just got out on a very pricey bond cant go home either the case is just getting started the whole family is on my side im so scared we dont know what to do they wont even let me talk to my fiance right now but we are fighting that and that looks good so far this is going on in mo if anybody can give advice or help please contact me im very scared and dont know what to do
My fiance arrested for false allegations of child rape, sex with child under age 13 and child abuse, this is now his 16 year old daughter who says this occurred from the age of 5 -12. He has been divorced for 10 years. Daughter continually wants to live with him?Makes no damn sense. He is in the fight for his life but I truly feel once the evidence comes out she is lying and there is no evidence……He has been in jail for 5 days now and already looked at like he is guilty by prosecutor. They twisted his words around and made it sound like a confession and he has not admitted to anything. This is the scariest time of his life and trying to find the witness that knew this outcome would happen as the mother told him it would if my fiance ever lapsed in support. He feels like his soul has just been ripped out of him…So very sad.
I was the victime of a violent crime, and I reported it to the police and nothing was done. Three months later this same person filed a false police report against me, and I to was prosecuted. Dont let them sell you a deal, demand a trial.
Below at least you will begin to understand as to why this is happening. Please tell everyone you know about this.
John 8 44 YOU are from YOUR father the Devil, and YOU wish to do the desires of YOUR father. That one was a manslayer when he began, and he did not stand fast in the truth, because truth is not in him. When he speaks the lie, he speaks according to his own disposition, because he is a liar and the father of [the lie].
Wow……. I keep reading my story. My advice to to everyone is this. If you are guilty of what you have been accused of……….. admit it……… take the consequences of your actions………. admit it and move on. If you are truly falsely accused of a crime like this……….. you have no hope, fight it to the death. The judicial system is filled with wolves.
I would love to hear from anyone who has been falsely accused. fixmyhome@aol.com. Go to my website at IWantMyDad.com
Accused 2 years ago of sexual abuse of a 14 yr old, I being 45. It was played on the media as headline news for weeks, being that I was a high profile case, community leader, business owner etc. I even was headlined above OJ. so being slung through the media, also charged with chld porn and witness tampering. 14 counts all together. shunned by the community, friends, only my family and a few stood by me as I went through this turmoil. Plea offers came but I did not accept. Trial day came, lasted 3 weeks and 200k . I had to admit on the stand about being homosexual, something I had kept quiet to everyone. The boy I had sex with was 18 when it happened, however 6 10 years later , now being a heroin addict, claimed it started at 14. Hung jury on 13 counts, aquitted on one charge. counts was 9-3 on molest charges against me, 11-1 on both the porn and witness charge against me. Lawyer did a bad job, so of course the state prosecutor elected to do it again. 7 months later, another 100k another trial. this time 10-2 in my favor, aquitted of witness charge and 6-5 on porn. hung jury, charges dismissed a month later.
Now how to go on living with this stigma. I walk the streets, shop, sort of work and try to keep my head up. I dont hide, that is the worse thing to do. I got my business back, but the community is still skeptical ,so I will have to re sell it again. Many people just form opinions and stick to it, no matter what. Although they were not in the court room listening to the facts, they formed opinions based on the biased media.. I guess life won’t be the same. Do I move and change my name? leave the country and start over? Do i stick it out in the small town and say FK you to all those judgemental people?
the pressure the past years was horrible, plea offers, suicide ideas, etc…. and of course Google makes lifes past never go away. crazy
My dad has been falsely accused of indecently assault on one of my sisters friends in 1992-1994 making her either 8 or 10. She says he had a wee in front of her, she saw him naked, she saw him watching a porn film, he moved her vest strap and he sucked her finger and said ‘you won’t bite your nails now will you’, but she said he got sexual satisfaction out of all of this. How could an 8 yr old possibly know someone was getting sexual satisfaction? She has told all her friends, my sisters friends and my dads sisters a totally different story claiming he actually abused her. She has also had one of her friends put his name and address on Facebook. Bearing in mind this is supposed to have happened all that time ago, up until around 2 yrs ago she was still out drinking with my sister and up to 4 yrs ago she was out in the pubs drinking with my dad, step mum, brother and sister celebrating new years eve. She has put all the blame on my sister saying ‘Its all your fault because you sleep with your dad’. Obviously that is not the case. My dad is very, very suicidal because of all of this. The police have delayed bail three times now. I’m worried that if he gets charged and it goes to court and the case is dropped he will never know because he would already be dead. Its unbelievable how the police make it so easy for someone to accuse someone of something like this.