In the State of California it is a punishable offense to knowingly bring a false allegation of abuse. But this law seems to be rarely, if ever, invoked. Why? Because it is hard enough to prove that an allegation is false it is impossible to prove that the accuser knew that the allegation was false. Almost anything can be twisted to appear to be a credible basis for an accusation. One team of researchers at the University of Michigan gave a synopsis of an actual case, in which they knew the allegation to have been false, to a panel of experts. The vast majority of the experts concluded that abuse had occurred! The "evidence" upon which the mother in the case had hung the accusation? A single pubic hair allegedly found in her daughter's diaper. In a case here in California, a father, Larry, was accused and convicted of sexual abuse of his own son for the simple act of pushing his son's hand away when he caught his young son fondling himself. On this evidence alone, Larry was not only convicted of abusing his son, but he lost all contact with his other children as well.
In addition to it being nearly impossible to prove that an allegation was false, let alone that the accuser knew it was false, there is a very real and understandable fear that if the allegation is true, and not acted upon, the child will be further abused. Unfortunately, it doesn't appear to be as much of a concern that the children who are the subjects of false allegations are no less victimized than those who may in fact be being abused.
If the legal system is not going to offer any relief, what can be done about the recent rash of false allegations? As is so often the case, an ounce of prevention is worth a pound of cure.
If you are separated, or divorced, and particularly if you are a father (the vast majority of all false allegation cases which I have come into contact with involve allegations made against fathers), take the following precautions:
Finally, for those who, despite all precautions, find themselves facing a false allegation of abuse, Patrick, who was threatened with allegations if he didn't agree to his ex's demands, offers the following advice: "Fight early and hard. Don't give in to threats. Use every opportunity you get, in mediation and in the courtroom, and in depositions or declarations, to point out that the allegations are false, have not been substantiated, and cannot be substantiated since they are false. Avoid at nearly any costs the temptation tell the judge or mediator how crazy the other person must be to make these allegations. Avoid at nearly all costs ever saying anything that is not true. If you lose, and you probably will, you will at least be able to hold your head high and know that you did not become the thing that hurt you. That is an important battle and the one you will fight the most in the dark hours before dawn."
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