Defend The Children.Org NEW

False Allegations

The internet has thousands of sites which will come up when one des a search for false allegations.  When going to many of the sites, one realizes that the site actually makes money off what it claims are false allegations.  there are websites selling boks, websites advertising to do investigative research, sites selling spy cameras and many lawyers and father's so called rights groups.
 
All have a motive and something to gain.  The sites are cleverly designed to look like they are trying to help innocent people but in reality they are simple advertising there product or agenda.
 
If one was to naively believe them than one would draw a conclusion that most accused are the victims and the reporters of crime all guilty of false accusations. this form of blaming the victim is very common practice used by the defense.  In reality, a defense does not even need to present a defense for it it the accuser (usually the state)  who needs to prove the guilt of the accused. 
 
 

What are  false allegations?
 
the dictionary defines the two words separately.
 
false      [fawls] Pronunciation Key - Show IPA Pronunciation adjective, fals·er, fals·est, adverb
–adjective
1. not true or correct; erroneous: a false statement.
2. uttering or declaring what is untrue: a false witness.
3. tending to deceive or mislead; deceptive: a false impression.
 
al•le•ga•tion
Pronunciation: (al"i-gā'shun), [key]
n.
1. the act of alleging; affirmation.
2. an assertion made with little or no proof.
3. an assertion made by a party in a legal proceeding, which the party then undertakes to prove.
4. a statement offered as a plea, excuse, or justification.
 
Using  the dictionary's terminology than a false allegation is making a misleading and deceiving statement about another.  It is deceitful and dishonest. 

Enter content here

Enter content here

Enter content here

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 accused. 
 
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.
 
 
 
 
 

Sign my Guestbook

Please email admin@defendthechildren if you wish to join or to correspond with us.  Also if you would like to give suggestions or ask questions please email us.  Thank you

coa.jpg

This site  The Web 

The information on this site is not to be copied,  transferred or changed in any way without express permission of the owners/managers. Please feel free to link to us.

Much information is copywrited and while we have been granted permission to use it on this site, we do not have permission to transfer that permission to others.

We are grateful and thankful to those allowing us to use their information and strongly recommend that one checks out their websites and our links.  By all of us working together, we can help the children.