Defending False Allegations of Abuse

Defending False Allegations
of Child Abuse

False allegations of child sexual abuse, regardless of the fact that they are a lie, can quickly result in a conviction and a lengthy prison term for the innocent. Failure to take these allegations seriously, or properly defend against them, frequently results in an accused becoming just another "Victim of the System."

With more than 33 years experience as a private investigator, since 1989, Allen Cowling has devoted his practice exclusively to assisting the falsely accused. Our involvement includes, but is not limited to, preparing a proper and adequate defense strategy, aimed at exposing the lie and reversing a wrongful conviction, based on a false allegation.

A word of caution; improper defense preparation can actually be worse than having no defense at all. What happens when someone is falsely accused of sexually molesting or inappropriately touching a child? Panic, and that panic can lead an accused down some of the most ridiculous paths imaginable.

When looking for help, do not allow panic to destroy reasoning. As with any profession, there are good and bad in those who assist the falsely accused. As a perfect example of games played by some of these so-called "experts," I was involved in a very serious case in a northern state. I was retained, late one November. The case had been going on for three years, there had been one mistrial and a new trial had been scheduled for the upcoming January, two months later. When I first got involved, the client advised me that he had already spent over $500,000.00 on his defense at that point. Most of that had been spent on "recommended" experts that would never have been accepted by the Court, or used in any manner, beneficial to the defense. I asked the client why things had gotten so out-of-hand. He said he was facing allegations that would send him to prison for life, without possibility of parole, if convicted, and that he was scared to death and looking for help anywhere he could get it. Early in his case, he had retained an "expert" from the internet who "told" him what he wanted to hear and then proceeded to spend an unbelievable amount of money, not one dime of which benefitted the defense in any manner. My client discovered all of this only after his mistrial, at which time he immediately terminated his "expert" and retained us.

Although completely off-the-wall, and not a tactic to be used in every case, in that case, I visited the child accuser in another state where she was living. After talking with the people she was living with and the girl herself, both the State and the defense agreed to allow me to interview her, if I agreed to provide everyone with an audio tape of that interview. Between the time that I was retained, in November, until the trial in January, I made four trips to meet with the accuser and the people that she was living with. To say the least, I developed somewhat of a relationship with all of them.

The January trial date arrived. The first day was spent picking a jury only. On the morning of the second day, as I was standing outside the courthouse, I got a call on my cell phone from the people the accuser had been living with, telling me she was changing her story and asking me to get with them as fast as I could. When I got t the basement of the courthouse, where they were, I found the young girl crying. She recanted and was deeply apologetic for making her allegations. I got the prosecutor and advised him as to what had taken place. He met with the girl and, although he could have proceeded with his case, based on her prior statements, since she was his "entire" case, he dismissed the charges and my client's three year nightmare ended.

My client's ordeal ended simply because someone cared enough to look at the case and the facts properly, develop a strategy and follow through.

In one other example, several years ago, I talked with someone who had been falsely accused of child abuse. Following our initial conversation, it was some six months before I heard from them again. During the second conversation, I was told that, after they talked with me initially, they talked with someone else who convinced them that they were the "only" ones with experience in these cases and, as a result, they were retained. After spending over $25,000.00 with that expert, they discovered that absolutely nothing that was done was beneficial to them in any manner. What they got for their money was the experience of traveling to three states, being exposed to various experts, testing and lawyers and then told that, because they failed a polygraph, it would cost thousands more to turn things around. Needless to say, their defense budget was exhausted and they were left with nothing. That individual actually explained their experience on a website, in hopes of preventing others from falling into the same trap. Although that website has since disappeared, the circumstances did not. One thing I always ask people who find themselves in this position is, what "written" reports did you receive? In most cases, the answer is, nothing. In every case that we are involved in, I provide a thorough written report of our findings and recommendations to the client. Simply put, it takes work and not just "talk" to prepare a defense and the only justification for failing to provide a client with a written analysis is one's fear that their methods were not sound or proper.

When retained to assist someone false accused of child abuse, the best method that I have found personally is to meet with the client, take all information that is available, develop a time line and history, and then, based on that overall analysis, prepare a defense strategy. The time line and history is critical. It should be short and accurate to the point that, after reading it, someone with no knowledge of the case has a full understanding of what is going on. This time line will be used again and again by the defense and, most especially when talking with prospective experts. The first thing that any expert you talk with will want to know is, "What is going on?" The time line quickly educates them.

Above all, the best advise that I can possibly give to anyone who is facing a false allegation of child sexual abuse is, "educate yourself thoroughly." Yes, that takes time, but it is the accused who is facing prison and, above all, they need to "know" if the "expert" they chose to assist will guide them to freedom or prison. I strongly urge anyone who has been falsely or wrongfully accused to visit our website by clicking below, where you will find information regarding;

Introduction to False Allegations.

Estimating Defense Costs.

General Questions we have Previously Addressed.

Selecting the Proper Attorney.

Questions to ask a Prospective Attorney.

The Defense and Medical Reports.

Defense Use of Psychological Testing.

Defense Use of Polygraph Examinations.

Pre-trial Discovery Issues.

The Police and Social Services.

Video Taping Interviews.

Excluding some Expert Testimony.