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Sometimes in a sex crime cases, prosecutors unknowingly rely on false statements and testimony. The results can be devastating, even if the allegations are proved false.
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False allegations of sexual abuse, child abuse, incest, rape or child molesting are lies, but those lies can quickly and easily result in convictions and lengthy prison terms for the innocent. Although hard to believe, children will and do falsely accuse their parents of sexual abuse. The very idea that a child would deliberately report that their parent or stepparent sexually abused them when it never happened goes against a commonly held belief that children don't lie - especially about something as serious as sexual abuse. The most obvious question of course is - WHY?
The law firm of Israa Zaher is well aware of the relative ease in which a false allegation of child sexual assault can be made. False Allegations arise under a multitude of circumstances from children of any age and in every socioeconomic group. For example:
False allegations have been made by spouses, and former spouses in a divorce or custody battle to seek legal leverage and gain the upper hand.
Teen age children have alleged abuse to get the disciplinarian father or family member out of the house.
School age children will fabricate abuse after observing “Good Touch, Bad Touch” type films at school.
Children know more about sex than our society is willing to recognize. They are bombarded with sexual overtones through the movies, magazines and advertisements.
Some children make false allegations for attention.
False Allegations are often made by emotionally disturbed adolescents with a specific agenda to hurt someone.
Some children make false allegations after hearing about real sexual abuses that have occurred to friends or classmates.
Sometimes a false allegation is made by a young child who does not understand the gravity and consequences of their words.
There aren't many explanations that make sense in explaining why a child would accuse their parent or stepparent of sexual abuse when it never happened. But an explanation that does fit - and also accounts for the majority of false allegations of sexual abuse made against a parent - is when a child has been coached or pressured to make disclosures of sexual misconduct. In these cases, the coaching is usually - although not always - done by the other parent during the course of a custody dispute. In theses cases, the primary motivation for the "accusing" parent is their desire to limit or eliminate the children's contact with their other parent.
FIA ( protective Services ) & Sex Crime Allegations
Sex crime allegations have repercussions well beyond the realm of the criminal charges. If a child is part of the equation somewhere, the Department of protective Family Services will step in to conduct an investigation. This government agency has the power to rip your family apart without a hearing, even if a person is only charged with a sex crime and has not been convicted.
At the law offices of Zaher and Levi , we know how to handle FIA investigations. With decades of experience on our side, we know what to do to pursue our goal: helping you keep your family together.
The process of dealing with false allegations of sexual abuse is generally lengthy. Because process of investigating allegations of sexual abuse are usually handled by Child Protective Services, the police and/or the courts, the accused parent often has little if any, control over the process. Due the nature of the investigation as well as the length of time it takes to complete, children are often estranged from their parent.
Know Your Rights and Here Some Advice.
Most falsely accused individuals believe that since they have done nothing wrong, they only need to speak with the friendly police officer or the social worker, and everything will be fine. In a perfect world, this would be true, but unfortunately, child protection units are trained to believe that by denying the crime the accused is either lying or "in denial". These individuals are trained to believe the allegation, rather than anything you can say. So here are some practical rules to follow:
1. DO NOT speak to the police without an attorney present. DO NOT go to the police station to offer a statement, as they will not require a warrant to place you into immediate custody.
2. DO NOT invite law enforcement or social service personnel into your home without a warrant. Be firm, and state that they may call your attorney, and that you have been advised that you do not have to let them in. Once you let them in, you waive your right to the provision of a search warrant. IMMEDIATELY contact an attorney.
3. DO NOT take a polygraph if offered by the agencies. Tell the agency, if offered, that you have been advised of your rights and choose NOT to take one at this time. You may take one privately through your attorney. Remember, polygraphs are not admissible in a court of law. If you take one by the state, they may place the result in their reports, and list it as probable cause for your arrest. Polygraph tests are highly susceptible to personal misinterpretation and error. If you choose to take one privately, be certain of the training and certification of the operator.
4. DO NOT attempt to contact the witnesses against you (this includes the child). To do so will cause the state to look upon you as though you are attempting to bribe or threaten a witness/victim. Contacting the state's witnesses is up to your attorney and his/her private investigator.
5. DO request from your attorney a private independent investigation.
If you, a family member, or a friend has been accused or charged with a sex crime, please do not hesitate to contact us immediately. In criminal matters, specifically sexual offenses, having experience and being proactive can be pivotal to the outcome of your case. We can help !
Sex crime is a broad category that encompasses a variety of common offenses such as the following:
• Child Abuse
• Child Enticement
• Child Exploitation
• Child Pornography
• Child Procurement
• Date Rape
• Failure to Register
• Indecent Exposure
• Internet Pornography
• Lewd and Lascivious Conduct
• Marital Rape
• Molestation
• Obscenity
• Pedophilia
• Pimping and Pandering
• Pornography
• Prostitution
• Rape
• Sexual Abuse
• Sexual Harassment
• Sodomy
• Statutory Rape
Sex crimes include:
Rape
Statutory Rape
Prostitution
Pimping and Pandering
Child Molestation
Michigan RAPE and SEX CRIME
Defense Attorneys
Criminal Sexual Conduct Lawyers
We Provide Reasonable Rates And Flexible Monthly Payment Plans
1 313 982-0010
Charged or Arrested with sexual abuse, child abuse, incest, rape or child molesting ? Call us now
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