“The Kayden Jayce Foundation wants you to know that false accusations are not uncommon where one partner is looking for ways to ‘punish’ the other. It’s not always accusations of child abuse either…often an ex will falsely accuse you of domestic violence or even rape.” These three articles compliment the extraordinary legal experience and research of “Barrister Lorna Elliott (LLB / hons) who lives and practices law in the United Kingdom. She has written numerous articles about many related subjects in addition to being falsely accused of child abuse – such as: “Being Falsely Accused of Domestic Abuse; and, Being Falsely Accused of Rape.” These additional articles are also included in this segment of our “Informative Links” section.
Being Falsely Accused of Child Abuse?
If you are accused of child abuse, whether sexual or violent in nature, or abuse that is supposed to have occurred in front of your children, you may find yourself on the receiving end of a ‘visit’ from Social Services, which may seem casual and friendly but is actually recorded on a computer and remains on a social services file indefinitely. If Social Services decide not to do anything about it, there will be ‘no action taken’. It is well worth checking what is on the file in these circumstances to make sure that what has been recorded is accurate. You are unlikely to get an apology or thanks for your cooperation.
The Good News
As public bodies are terrified of being lambasted in the media, they can have a tendency to over-react to any kind of concern expressed over a child’s welfare. There does not have to be strong evidence in order to trigger a referral to Social Services. Sometimes it is simply an opinion, a suspicion, or an impression that a public employee has, although there are rules and concerns must be ‘evidence based.’ Although this might seem shocking, a considerable number of referrals to Social Services are not investigated at all because they are deemed to be without merit. Although figures vary between local authorities, those that are not investigated at all amount to around 55% of all referrals. If there is genuinely nothing wrong, and the referral has been made mistakenly, or maliciously, just make sure you take the precautions described above. Act professionally, tell the truth and make sure that you do not say anything even in jest that could be misinterpreted.
Being Falsely Accused of Domestic Abuse?
Every year, many people in the UK are falsely accused of domestic violence. The reasons for this are wide-ranging. Some partners or ex-partners make up allegations of domestic violence to get out of a relationship that they are otherwise unhappy with, others do it to spite their partners, while some still want to ensure that they stop (usually) the father from seeing the children. In other circumstances, a stranger, someone you know, or perhaps your child’s teacher could become concerned about an injury to your child or something your child says – and refers Social Services to you. The tragic fact is that this does happen to people who are totally innocent of any crime. Sadly, although in this country you are ‘innocent until proven guilty’, the truth is that sometimes people can get charged and found guilty for domestic violence on very little evidence.
What Can Happen?
You can be arrested while in your own home, in front of your partner and children, and in full view of the neighbors. Then you can be taken to the police station, your DNA taken and held on file, and interviewed while under caution. You could find yourself in court, charged with an offence for which you have done nothing wrong. Worst of all, you could end up with a criminal conviction and sent to prison. The problem is, when emotions are running high after a break up or divorce, one call to the police can have far-reaching consequences. If word gets around your local community, you could suffer verbal abuse, harassment or worse for being a ‘monster’.
Your Rights
If this happens to you, you need to be aware of your rights. You are entitled to legal advice at the police station. If you waive your right, you may end up saying something that could be misconstrued, especially if you are tired or are lulled into a false sense of security by the interviewing officers. There have been many cases that have been successfully brought by the Crown Prosecution Service purely on the basis of an admission in interview at the police station.
If you do speak to a lawyer, tell them the truth because if you are coy, or uncooperative, they are not going to be able to advise you properly. The police may bail you to return to the police station on another date. If they do this, you MUST ensure you go back on the day and at the time specified, or you will be charged with an offence of ‘failure to surrender’ and a warrant may be issued for your arrest. If you are innocent of any crime, be persistent, stick to the truth and try your best not to get angry at any stage. If you find yourself in court, it is vital that you come across as genuine and sincere about your innocence.
Implications For Your Accuser
If your partner or ex-partner accuses you of domestic violence, when you have in fact done nothing wrong, by the time the police are involved your ex has already committed a criminal offence for which they could receive a prison sentence of up to six months. If they then go on to falsify evidence to the authorities – the police, social services etc – they are then perverting the course of justice. If the case actually gets to court, and you find yourself in the dock on trial for something you haven’t done, your accuser would in most circumstances have to give evidence in court. If they are still lying at this stage, they are committing perjury. These are all serious criminal offences for which your ex-partner could serve a long prison sentence.
Being Falsely Accused of Rape?
Your Rights
If this happens to you, you need to be aware of your rights. You are entitled to legal advice at the police station. If you waive your right, you may end up saying something that could be misconstrued, especially if you are tired or are lulled into a false sense of security by the interviewing officers. There have been many cases that have been successfully brought by the Crown Prosecution Service purely on the basis of an admission in interview at the police station.
If you do speak to a lawyer, tell them the truth because if you are coy, or uncooperative, they are not going to be able to advise you properly. The police may bail you to return to the police station on another date. If they do this, you MUST ensure you go back on the day and at the time specified, or you will be charged with an offence of ‘failure to surrender’ and a warrant may be issued for your arrest. If you are innocent of any crime, be persistent, stick to the truth and try your best not to get angry at any stage. If you find yourself in court, it is vital that you come across as genuine and sincere about your innocence.
Implications For Your Accuser
If your partner or ex-partner accuses you of domestic violence, when you have in fact done nothing wrong, by the time the police are involved your ex has already committed a criminal offence for which they could receive a prison sentence of up to six months. If they then go on to falsify evidence to the authorities – the police, social services etc – they are then perverting the course of justice. If the case actually gets to court, and you find yourself in the dock on trial for something you haven’t done, your accuser would in most circumstances have to give evidence in court. If they are still lying at this stage, they are committing perjury. These are all serious criminal offences for which your ex-partner could serve a long prison sentence.
Your Rights
If this happens to you, you need to be aware of your rights. You are entitled to legal advice at the police station. If you waive your right, you may end up saying something that could be misconstrued, especially if you are tired or are lulled into a false sense of security by the interviewing officers. There have been many cases that have been successfully brought by the Crown Prosecution Service purely on the basis of an admission in interview at the police station.
If you do speak to a lawyer, tell them the truth because if you are coy, or uncooperative, they are not going to be able to advise you properly. The police may bail you to return to the police station on another date. If they do this, you MUST ensure you go back on the day and at the time specified, or you will be charged with an offence of ‘failure to surrender’ and a warrant may be issued for your arrest. If you are innocent of any crime, be persistent, stick to the truth and try your best not to get angry at any stage. If you find yourself in court, it is vital that you come across as genuine and sincere about your innocence.
What Can You Do?
If your partner or ex-partner accuses you of domestic violence, when you have in fact done nothing wrong, by the time the police are involved your ex has already committed a criminal offence for which they could receive a prison sentence of up to six months. If they then go on to falsify evidence to the authorities – the police, social services etc – they are then perverting the course of justice. If the case actually gets to court, and you find yourself in the dock on trial for something you haven’t done, your accuser would in most circumstances have to give evidence in court. If they are still lying at this stage, they are committing perjury. These are all serious criminal offences for which your ex-partner could serve a long prison sentence.
• Were they angry with you, or someone else?
• Were they going through a particularly stressful time?
• What reason did they have for wanting you out of the way?
• Were you absent from their life at the time they made the allegation? If this is the case,
could it be that they are blaming you or punishing you – when the reality is that it was because you were emotionally or physically absent from them at the time? If you find the reason for the lie, you can expose the truth.
Websites Recommended by the Kayden Jayce Foundation
Disclaimer: Kayden Jayce Foundation does not certify to the accuracy of the personal accounts but are committed to facilitating healing and dialogue.
AB– USERS GETTING CUSTODY:
http://abusersgettingcustody.blogspot.com/
COURTS AWARDING CUSTODY TO AB– USERS AND DOMESTIC AB– USE HOMICIDES ARE ON THE INCREASE (7-page Word file) Barry Goldstein
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDgQFjAD&url=http%3A%2F%2Fwww.domesticviolenceabuseandchildcustody.com%2FCourtmistakes%26DVHomicide.art.doc&ei=r08YVNCeHZKTyATQmYCwBw&usg=AFQjCNGw3OfkPhtwb9qb8uRESkKGZyGA3Q&sig2=0UMqoSjYjPTppp1qYXQh0A&bvm=bv.75097201,d.b2U
CHILD PROTECTIVE SERVICES – FALSE ACCUSATIONS
http://lindabooklady.hubpages.com/hub/fightcps
MYTHS THAT PLACE CHILDREN AT RISK DURING CUSTODY LITIGATION:
http://www.leadershipcouncil.org/1/res/cust_myths.html
CAN DISABLED PARENTS LOSE CUSTODY OF THEIR CHILDREN – EVEN IF THEY VOW TO HIRE CARETAKERS ? (KJ Note: AN UNUSUAL TAKE ON CHILD CUSTODY AND THE CPS SYSTEM IN AMERICA):
http://www.ncd.gov/publications/2012/Sep272012/Ch5
(This is an article highly recommended by The Kayden Jayce Foundation. Dr. Richard Warshak discusses one particular case involving the widespread epidemic known as “DIVORCE POISON.” Divorce Poison is an all-encompassing term used to describe multiple atrocities used by one parent or both, whereby they perjure themselves, and often coach their children into lying about the “other parent.” The counselors, child protective services, DFCS agencies, and the judges all too often do not question the child’s testimony, and one or another of the parent’s lives can tragically be altered forever…..and their hearts broken as the little minds of the loves of their lives are poisoned against them. Once again, it’s an all too familiar story):
http://warshak.com/blog/2011/06/02/parental-alienation-victim-in-court-i-lied-about-abuse/
FAILURE TO PROTECT – CRISIS IN AMERICA’S FAMILY COURTS. STORIES OF MURDERED CHILDREN AS A RESULT OF THAT FAILURE:
http://www.thecrimereport.org/news/inside-criminal-justice/failure-to-protect-the-crisis-in-americae28099s-family-courts