Defending False Allegations
Of Child Sexual Abuse
Provided by Allen N. Cowling
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 40 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.
- Child Suggestibility.
- Court Ordered Child Evaluations.
- Child Recanting After Making a False Accusation.
- Pre-trial Treatment of a Child.
- The Penile Plethysmograph.
- The S.A.I.D Syndrome.
- Sexually Anatomically Correct Dolls.
- Legal Research Links.
- Links to Experts.
- Suggested reading for the Falsely Accused.
- Reversing Wrongful Convictions.
- State Laws Regarding Tape Recording.
- Pro Se Issues and Laws.
- How to do Legal Research.
- Munchausen Syndrome by Proxy.
- Parental Alienation Syndrome.
- Custody Evaluations by Experts.
You have accessed one of the many pages here at the
Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist
our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been
falsely accused, see What to Do - What Not to Do When Falsely Accused.
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