Child Sexual Abuse-Dealing with Allegations

Answer 1

Allegations that a parent or some other person has been sexually abusing a child should always be taken very seriously by that child's parents. If allegations have been made concerning the sexual abuse of your child, here are some things that you should do.

---- Have your child seen by an expert who is highly qualified to determine whether your child has been sexually abused. (See below on how to qualify an expert). Insist that all "counseling" or investigative session between your child and the expert be videotaped or at least recorded.

If your child underwent a medical examination concerning the abuse, make certain that the results were confirmed with a copolscopic examination by a pediatrician who is knowledgeable about child abuse issues. A copolscope is a magnification and photographic device for examining the vagina and cervix.

Obtain copies of all records concerning the EARLIEST statements made by the child about the abuse. If there are no, records, get sworn affidavits from the persons to whom the earliest disclosures were made.

Investigate the background of all the persons having contact with the child - especially those persons living with the child. Divorce and custody actions, sexual relationship problems, abuse experienced by either parent, etc., may provide some insight for the claims of abuse.

READ, READ, READ, all the materials that you can concerning child sexual abuse.

---- Child abuse experts may be licensed psychologists, social workers, or psychiatrists. However, the expert should have specific training in child abuse matters. On of the first things you should do is get a copy of the expert's resume and a list of any publications made by the expert. You may wish to have the expert deposed to determine the extent of the expert's experience in diagnosing and treating molested children and the extent of his or her ongoing education in the field. Find out what data the expert is relying upon and the names of the people the expert recognizes as leaders in the field.

The expert should have handled numerous cases in which he or she found that the child was molested as well as cases in which he or she found that the child was not molested. If the expert comes to the same conclusion in the vast majority of the cases he or she has handled this may be a clear sign that the expert has a bias. The expert should be highly familiar with "peer reviewed empirically based" literature in the field. It is a good idea to find an expert who is a member of multi-disciplinary organizations that are active in unbiased research on the area of child sexual abuse. Find out if the expert treats children who have been molested, are molesters, or non-abusing parents of molested children. Finally, you may wish to hire another expert to critique the expert's knowledge and abilities.

---- Remember that revenge is not your primary goal. Keep your child's best interests in mind at all time. Get help from a therapist or support group to deal with your feelings. Do not feel hurt if your therapist or attorney questions your motives for making child abuse allegations. It is in your child's best interest's to have your motivations thoroughly questioned. All too often allegations of abuse are made by children who misinterpret their parent's actions. Often these children make abuse allegations to make one parent "happy" without recognizing the consequences of the allegations. Once an allegation is made children often undergo an investigation process that can create memories of abuse that never happened.

Do not discuss the allegations of abuse with friends or family. Do discuss your concerns with your attorney and your therapist - these conversations are privileged. Discussions with anyone else could get you sued for defamation of character.

If the other side seriously challenges your credibility, ask the court to appoint an attorney (guardian ad litem) to represent your child's interests. Make certain that this attorney has specialized training in sexual abuse cases.

Discuss with your attorney and your child's therapists about the pros and cons of allowing the other side to have supervised contact with your child during the investigation stages. If the accused molester is your child's other parent, remember that children who lose total contact with one of their parents are almost always harmed by their loss of contact.

---- If you are questioned by the police, remember that you have the right to remain silent and the right to an attorney. EXERCISE THESE RIGHTS! Discuss with your attorney whether you should talk to child abuse investigators without your attorney being present. If you do talk to the investigators make certain the conversation is taped.

Keep focused on your child's best interests. Most child abuse allegations are made in good faith. Understand that a parent who even suspects that their child is being sexually abused has a duty to investigate that allegation. Often these investigations will show that someone else is molesting your child.

If you have solid evidence that your accuser made up the abuse allegation, seriously consider suing that person for defamation of character or intentional infliction of emotional distress. Discuss these options with your attorney. Also discuss with your attorney whether you should sue the other side's expert for professional malpractice.

Strongly consider only having supervised visitations during the investigation stages of the allegation. The person who supervises the visitations may be your best witness in clearing you of the allegation.

Discuss with your attorney the pros and cons of taking a lie detector tests. More and more courts are admitting these tests. If you do decide to take the test, make certain that your attorney hires the person who will administer the test. That way the test results may be privileged if they are negative.

---- See related links below