False Accusations of Child Rape: Legal and Social Consequences

Statistics tell us that child abuse and rape allegations which later turn out to be false make up nearly 10 percent of the total allegations made in the United States. While this may not sound huge in the grand scheme of things, if you are one of those in the ten percent category, your life can seem overwhelming and frightening right now.  Often the child is not the originator of the false allegations, but rather an adult bringing accusations on behalf of the child. Not especially surprisingly, the vast majority of those false allegations occur in the context of divorce and child custody proceedings. Unfortunately, these false allegations not only detract from the credible sexual abuse cases, but they also put innocent men and women behind bars, destroying their families and effectively ruining their lives. 

Motivations for False Accusations of Molestation

The motivation of an ex-spouse for manipulating a child into making a false accusation could be revenge, retaliation for perceived past misdeeds, or the desire to gain full custody. Although our present system encourages us to err on the side of the child when reporting potential child molestation, this system can also create a legal nightmare for the wrongfully accused. Because of the emotionally charged aspect of child molestation accusations and because in many jurisdictions the mere touch of a child can form the basis for a molestation charge, allegations such as this rarely have medical evidence to support them. On top of this, child molestation charges bring public paranoia and outrage as well as sensational media coverage, completely turning your life upside down. 

Legal Consequences

If you have been falsely accused of a sexual crime against a child you do have options. It is imperative that you retain legal counsel early on--at the very beginning of either a law enforcement or social service agency investigation. What you do now can make a huge difference in the outcome of your case. You must ensure that you immediately find an attorney who is experienced in handling this particular type of case. Many accused adults without legal representation plead guilty to false allegations of molestation believing their plea will not result in a criminal conviction, or they accept a plea offer because the District Attorney has convinced them they will serve much less time than if they went to trial and were convicted. As your attorney will tell you, a plea of guilty is a criminal conviction with the probable result of the loss of your right to appeal, a lifetime registration as a sex offender, and prison time. A convicted sex offender may also be barred from holding certain kinds of job and may be required to stay away from children--even their own. Don't let false allegations of child rape, abuse or molestation ruin your life and the lives of your loved ones. Contact an experienced attorney immediately.