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  • Child Molestation: Why Children Falsify Allegations

    Posted on by JACK MKHITARIAN

    child abuse defenseThere are times when children will fabricate instances of sexual molestation and describe it in explicit detail. They will recount allegations of fingerings, fondling, or masturbation to a teacher, social worker, or parent. An adult will hear the story and immediately believe that it must be true. After all, how could a child know about such sexual matters if it didn’t really happen?

    But, all too common, the answer is that the child learned about this behavior from the media – from television, movies, and in particular, the Internet and social media. Children today are learning about sexual matters at a younger age than any previous generation. Sexual things that we adults learned at the age of 15 or 16 may be things that kids today are learning at the age of 9, or even younger.

    But this still leaves the question – why do children make up false allegations of sexual abuse? The answer, almost always, involves revenge, an attempt to get someone removed from their lives, or getting their parents’ attention. And it often works.

    When Do Children Falsify Allegations of Child Molestation?

    A very common scenario involving false allegations of child molestation is when a single mother brings someone new home, and the children don’t like him. They perhaps don’t want another man or stepfather in the house, and/or don’t want to compete for their mother’s attention. So, they make up a false allegation of abuse to get him out of the picture.

    In another instance, a mother may work very long hours and have to leave her child with a babysitter for much of the time. The child may conjure up false allegations against the babysitter, just because he or she doesn’t want to be left at the babysitter’s house. The child may feel neglected and want to get the mother’s sympathy, and the false allegations are an attempt to do just that.

    In many cases, an experienced attorney can uncover these false allegations through the investigation of the case. However, if the person accused of these allegations does not have top lawyers, investigators, and polygraph experts working on their behalf to uncover the truth, he or she could be convicted and imprisoned for a very long time for a crime that was never committed.

    Defending False Allegations of Child Molestation

    Allegations of child molestation can be divided into two very broad classes:

    1. Allegations made by children who are older than six years of age
    2. Allegations made by very young children – two to six years of age

    The first class of allegations is relatively straightforward. The children are either telling the truth, or they are lying. When they are lying, they are lying intentionally, usually out of revenge, a reaction against authority, or neglect. In any event, these are relatively straightforward cases to investigate and defend.

    The second class of claims is much more difficult. With young children, there is really no clear divide between telling the truth and telling a lie. This is because children of that age often don’t know what is true and what is not true. So, defense of these claims often requires a deep understanding of many difficult issues. These issues include:

    • False memory syndrome
    • Source monitoring
    • Faulty interviewing techniques
    • Suggestive questioning
    • The coaching of a child
    • Child development

    When you find yourself in the unfortunate position of having to defend yourself against claims of child molestation, it is of the utmost importance that you have an attorney who is familiar with these issues and can give you effective consultation.

    Contact Us Today

    If you are looking for an Albuquerque, New Mexico defense attorney to help you fight child abuse allegations or charges, you have come to the right place. Clearing your name is our number one priority. Call the New Mexico Criminal Law Offices today at (505) 375-4664 or contact us online for a free initial consultation and to learn about how we provide unparalleled, personalized legal representation for all of our clients.