False Accusations of Child
Sexual Assault / Molestation
Milwaukee Sex Crimes Attorney
Recent studies have put the number of false accusations of child sexual assault as high as 28% when the accuser is under the age of 8 and the accused is in a custody-type dispute. When the accused is a professional, like a lawyer, doctor or teacher, the number of false accusations is almost as high.
Myth 1: Children never lie about abuse. Yes they do! Children are uniquely susceptible to suggestion and pick up cues about what answer the questioner wants them to give. Children learn by telling stories and guessing. Children under the age of 8 are more likely to answer a question with a guess. If the interviewer uses yes or no questions, a parent, a teacher or a pediatrician can be facing a jury based on the child’s guess as to what the answer he or she is supposed to give.
Myth 2: The taped interview between the social worker and the child is admissible. Hire a lawyer who knows the law. Good lawyers know how to keep out the evidence the state wants to use to send the falsely accused father or teacher to prison. Pretrial motions are essential to limiting the bad evidence. If the trial lawyer doesn’t try to keep evidence out that is properly excludible, you have waived the issue for an appeal. Hearsay is not admissible unless it meets specific criteria for trustworthiness and reliability. Hire a lawyer who knows the law. Every year hundreds of cases are decided on appeal that your lawyer can cite to help exclude the most damaging evidence against you. The Shellow Group reads and studies the case law that controls whether you win or lose.