A dictionary will not state that false accusation or false allegations is the number one defense.
However, it is. The defense will claim that the client is falsely accused.
Activists for prisoners wll claim that the prisoners are innocent and falsely accused, those against the
death penalty will claim the same. likewise a parent accused of child abuse will also claim to have been falsely
It is a great defense but that defense is in most cases actually a false accusation for a person who
committed an act knows that he or she is guilty regardless if the court ruled it to be true. In those cases that defendant
is falsely accusing the victim and or the victims advocate (protective parent).
To make a false accusation/allegation is a misdemenor is most localities and it should be. A false allegation
is at least a cruel and annoying thing to do to another. It hurts not only the accused but all victims of the types
of crime for which false accusation was made.
Fathers' rights groups or male supremists groups as others refer to them claim that people who make false
accusations should be punished. We agree. It is a crime and one who practices it needs to suffer the consequences.
We live in a land of law and order. We live where one is also considered innocent until proven quilty
beyond a reasonable doubt in a court of law.
As advocates for abused children, we feel it is wrong to allow the defense to make claims of false accusations/allegations
without the plaintiff having his or her day in court.
Too often in courts across America protective parents are being vilified for having followed the law and
report the abuse their child reported to them. these parents in good faith reported what they were told and or suspected.
they complied with all the legal services and did everything they were told including in most cases allowed thenmselves to
be investigated also. Courts tend to take the defense's own allegation as fact and the court sanctions the protective
parent. This is in a sense convicting one without a trial.
It is not uncommon for a judge to yell at a protective parent and it is not uncommon for a judge to state
the judge is not going to hear it. Judges are know to disregard the plaintiff's claim and to dismiss cases of
child abuse. Judges have been known to refuse to hear witnesses and to allow evidence from the plaintiff.
In most cases that go to court, it is the state's own child protection agency bringing the case of what they consider founded
child abuse. CPS is in many cases the plaintiff but the protective parent is sanctioned and often losing
all or part of the custody.
Please note that the defense does not have to even make a defense. It is the plaintiff who need to
prove his case. If the plaintiff does not prove the case than there is no finding of guilt. We believe if
the defense feels the accused has been unjustly and falsely accused than it is the responibillity of the defense to request an
arrest of the one they feel is falsely accusing and allow that person to have a fair trial. We further believe that
unless a court has found one guilty of making false accusations than the defense cannot use that in court.