Replies to '10/17 Sexual Predators?'

 

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October 17, 2007, 6:17 pm PDT

Sexual Assault accusations are used as leverage in custody disputes

Quote From: saxxyman

 Molestation is a horrible crime. It involves innocent children the majority of the time and emotions are run very bitter towards the sex offender with good reason. I wonder if anyone actually is aware all the statistics surrounding this epidemic? It amazes me how much the media leaves out or will flat out refuse to report. Is it fear it will take away from the importance of the undisputed cases? What I am talking about is the amount of cases that are reported that are actually not child abuse cases. Just as there seems to be an epidemic of molestation, there is also a large number of this offense being used in divorce to gain leverage and custody. What is even more horrible is that the children and the accused spouse go through unimaginable hardships and pain. Mentally both may never recover. Financially, if you don't have $100,000 or more for your defense. You might as well plea no contest. Because of the emotion surrounding this issue, almost everyone judges and convicts the accused, before due process. These cases are always with out DNA evidence, or other crucial evidence to prove without a doubt the event actually occurred. The accusing spouse or in-law's get off scott free even in the event the case is dropped. The focus by officials is always on the accused. Once accused the individual will be watched and suspected for life. To prove malice takes years if ever. By that time the kids are grown and coached to a point they don't know what is real. Politicians and the media jump on the band wagon, because it means votes and money. At what point do you infringe on the innocent to get the guilty? No longer is the old quote from years past: "It is better to let ten go free than to wrongly imprison one innocent person." Today it seems to be the opposite.
OH, YES! This is so true and it's often a consideration law enforcement is faced with. I have been a detective on the receiving end of cases like this and it requires diligent investigation. In the past year I have dealt with about 35 sexual assault complaints. Most of them are initiated by mandated reporters to the child protection agency. Only 3 of those cases stemmed from a report by one of the child's parents against the other. In one of those cases the investigation went on for about a year. During that time the father was denied any visitation with his 4 year old daughter. The father was cooperative, despite the council of his attorney, and waived his rights and provided a statement. He also agreed to a polygraph test. The mother and step father had been trying to take the girl out of the country and the father refused to give permission. It was strongly believed that the reason for the complaint, which was "touching her vagina," was for the mother to get sole custody and be able to go and do whatever they wanted to do. The controlling personality of the step-father and his over involvement with the investigation raised doubts about the validity of the complaint. The 4 yr. old did not disclose to a professional interviewer but weeks later reportedly disclosed to a therapist. The brevity of the disclosure made it appear that the child may have been coached. The daycare providers, who spent more time with the 4 yr. old than any of the parents, all stated they never suspected any abuse and said she was always excited to go with her father but was defiant towards her mother and step-father. The lie detector test indicated he did not tell the truth. When he was questioned further he repeated what he had said from the beginning, that he put cream on her because she was itchy and red.  I believed him and sensed that he didn't molest his daughter.There wasn't any tangible evidence of abuse and the testimony of the daycare providers was in direct opposition to what the mother and step-father were saying. I spoke to the prosecutor and told him about. the case and it was determined that there wasn't sufficient evidence to prove beyond reasonable doubt that a crime had been committed so a warrant was not approved. This case in another investigators hands could have easily gone the other way. Meanwhile the father has had to pay for his attorney, lost visitation rights, and his daughter has probably been turned against him by the mother and step-father. He is now fighting in court to get visitation restored. This is going to be a long battle and the father got the short stick but it could have been even worse.
 


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