And then getting a second telephone call from their family, after trial, asking us to help get the conviction reversed.

It takes a jury about 5 seconds to say, "We find the defendant guilty as charged." When those words ring out, suddenly the situation does become serious and the accused is then ready to "do it right." The problem is, at that point, they are caught up in the legal system. It could easily take years and far more cost to have their conviction reversed than it would to have properly been prepared for trial. In addition, what most people fail to understand is that the reversal of a conviction does not mean it is over. Normally, a conviction is reversed in favor of a new trial, so after thousands of dollars, they find themselves right back at square one and again, if they fail to properly prepare, they could easily be convicted a second time.

There are no shortcuts in building a defense for these cases. They require a qualified attorney, investigator, a support staff and experts in order to build and present evidence that proves, beyond any doubt, that the allegations made against the accused are false and they are innocent.

Any accused can find a thousand reasons, usually financially, not to properly defend themselves, but all the excuses vanish and their thinking quickly changes when they are convicted. Then it becomes a matter of, "Get me out of prison." On many occasions, the accused was convicted after they attempted every shortcut possible, which included them personally preparing what they believed was their own perfect defense.

As to finances, think carefully. If someone is convicted and sentenced to 25 years in prison, how much money could they have made during that 25 years? Wouldn't that amount have been far more than the cost of a proper defense that may have prevented the conviction.

Again, if you do find yourself in a position of being falsely accused of sexual abuse and please note, I said "falsely" accused;

• Find the funds necessary to retain the services of a lawyer who is experienced in handling false allegations of abuse. Just as you would not advise a loved one to seek a medical doctor who is a general practitioner for a brain disorder, realize that false allegations are also a specialty and require an expert.

• Once you have retained an attorney, do not discuss anything about your case with anyone unless your attorney authorizes it or they are present.

• Consider the possibility of taking a polygraph examination as a means of proving your innocence. Naturally, an attorney would not suggest that and let me assure you, unless you are absolutely innocent, do not attempt any such test. Also, consider working with an expert prior to any testing so any outside issues will be resolved and the questions are structured properly.

• Do not talk to social workers or anyone else about your case unless your attorney okays it and is preferably present. Your words, even to friends, can be quickly turned against you in court.

• Do not antagonize CPS, guardians-ad-litem, adversarial counsel or the psychologists in your case.

• Retain your own mental health expert to evaluate the child's competency as a witness and credibility. This is vital.

• Retain an expert pediatrician, if necessary, to refute alleged medical findings as "consistent with sexual abuse."

• Get all depositions or statements "typed up" immediately as well as any audio tapes you are given through discovery.

• Do not plea bargain, plead nolo contendre or no contest. Do not admit to a crime that you did not commit.

• If the child who made the false allegation is your child, do not lose your love for your child. Remember, regardless of what you may believe, it's not the child's fault!

• If at all possible, if the allegation was made by a child who lives, or did live with you, attempt to get at least supervised visits them.

• Do not confront the child or children regarding the investigation. If you do, you may be accused of intimidating a state witness or causing further harm, neglect or trauma to the child or children.

• If recording is legal in your state, begin recording everything that pertains to your case. In each instance where you do tape record something important, place that tape into an envelope and seal it. Identify on the outside of the envelope the date, time, name of the parties involved and a short synopsis of what the conversation was about. After you seal the envelope, lock it up so that no one can later claim the tape was tampered with. To determine the laws pertaining to recording in individual states, see"Laws on Recording."

• If you are in any position where you are able to continue communicating with the "alleged" child victim, without fail, electronically record any and all conversations. As a perfect example, one child, who obviously missed her father after being taken away from him, telephoned him without her mother's knowledge. During the conversation, the father asked, "Why would you say that when you know I never did anything to you." Her immediate response was that she was sorry she lied and only did what "mama told me to do." That couple was involved in a very heated custody battle and the mother was using the false allegation in an attempt to win her custody case. In that instance, the father had that conversation on tape and because of that, his attorney was able to get all charges dismissed well before any trial. The sad part is that the mother only got a slap on the hand.

• The most important point is, "record" every conversation with persons pertaining to your case. The child may say something they will later deny, the social worker may testify you told them you were guilty, the detective may testify that you told them, "If I had a problem like that, could I get help."

• Do not give up and under no circumstances, never depend on someone else to "take care" of the problem. You monitor all progress and you maintain a knowledgeable and working attitude throughout your entire defense. You can win only if you refuse to lose.

One final consideration. Many times in sexual allegation cases, prosecutors offer a plea agreement that is accepted, even though the accused is innocent, because the plea amounts to far less than the accused could get if tried and convicted. If you do enter a guilty plea to a felony sex crime:

• The Court does not have to follow the prosecutor's recommendation and can impose a much more severe sentence than the prosecutor agreed to. Although that does not happen frequently, the Court does have that right.

• You lose your right to any appeal, unless you were subjected to threats or coercion, unable to fully understand your rights or if the Court failed to advise you on record as to what rights you are waiving.

• You are still considered "guilty," even under a nolo contendere, (no contest) or Alford, (no admission of guilt). In some Alford pleas, a violation means your sentence will revert to the maximum imposed by the state if you had been tried and convicted.

• Under Megan's Law your name and place of residence will be posted publicly. You will most probably also have to register as a sex offender annually and every time you change your residence address. Some states require registration for life.

• You lose your rights under the Constitution, such as your right to vote, your right to carry a firearm and your right to a search warrant. Authorities can search your premises at any time day or night without a warrant or probable cause.

• You may be ordered to stay completely away from children. This can include your own children regardless of whether or not they were the alleged victims.

• If you are a licensed professional or work in an industry that has security clearance requirements or a morals clause, you may very well find your career history.

The following issues are derived based on national studies and research;

• Young children generally are "NOT" incapable of maintaining a credible story of sexual abuse unless they were actually abused. During interviewing and "therapy", a child quickly learns what the interviewer (an authority figure) expects. Answers are continually reinforced over a period of time and, in many cases, a child is rehearsed on their trial testimony. In many cases, a child comes to believe the allegation based upon the positive reinforcement they receive. When a child testifies, most attorneys are "gentle" on cross for fear of alienating the Judge, Jury, and having the child "clam-up." Also, inconsistencies in a child's testimony are overlooked due to "trauma."

• A child's memory is "NOT" similar to an adult's in collecting and processing events. A child's cognitive ability to understand events is significantly different than an adult's. How a child internalizes events is different than an adult's and results in significant differences.

• Children "ARE" more "suggestible" than an adult. Young children believe in Santa Claus, the Easter Bunny, the Tooth Fairy, etc. Not only will the child appear credible when they talk about imaginary persons, they have been led and reinforced to believe in them. The same process can and does happen in regards to abuse allegations.

• "Behavioral Indicators" are "NOT" accepted by most professionals as invaluable in determining whether a child has been a victim of sex abuse. There are no behaviors that are indicative of sexual abuse. Behaviors cited by some so-called experts are attributed to a whole host of other things (equally competing hypothesis). In fact, several proponents of Behavioral Indicators have now reversed their views.

• The difference between Credibility vs. Reliability is, credibility deals with whether the person appears competent to testify. Reliability deals with whether the person's statements can be relied upon as being factual. A child witness can appear credible in their testimony, yet their statements may not be reliable because their statements have been tainted by outside sources such as the investigators, therapists, and so on. A child could appear credible when they testify to the existence of the Tooth Fairy, yet we know the statement is not reliable. The same can and does happen in child abuse cases.

• A defendant can have an expert testify as to the proper protocol for interviewing alleged child victims regarding their abuse. See U.S. v. ROUSE, U.S. Ct. of Appeals, decided Nov. 12, 1996. 100 Fed. Rptr. 3d Series, pg. 560-586. There are also numerous state decisions.

• In regards to Social Service Agency records (CPS, HRS, CSB, etc), the defendant is entitled to an in camera review upon a proper showing of all records for favorable information. PA. v. Ritchie, 107 S. Ct. 989, 480 U.S. 39, (1987) mandates an in camera as a bare minimum. Recently several state courts have ruled there has to be a proper showing.

• When it come to medical findings, there is "NOT" a consensus within the medical community as to whether the findings constitute "abuse." There are wide disputes within the medical community to various issues. This is, in part, because there is minimal research available on many topics and because it is difficult to confirm/replicate many of those theories.

• Regardless of the medical research that has accumulated over the past 40 years, most medical testimony regarding a doctor's opinion regarding physical injuries cannot be backed by extensive research. There has been little research and most medical testimony is based upon "opinion," not scientific research.

• An accused could easily be making a tragic mistake by deciding not to get an expert psychologist for a case because the prosecutor will get one. Their reasoning is that, "at best, I will have my expert offset by their expert." It is to the defendant's advantage to have an expert testify if the expert's testimony is based on scientific research. Nearly all prosecution experts testify from their opinion and quote other expert's opinions. Their opinions are not based upon scientific research. In most cases, testimony backed by research will win out over testimony based upon opinions. You can, however, turn the opposing expert into your own expert if you know the science. Invaluable books, published by the American Psychological Association are Suggestibility of Children's Recollections, Jeopardy in the Courtroom, & Ethics for Psychologists. Also, consider researching Idaho vs. Wright, 110 S. Ct. 3139, (1990), Iowa v. Coy 108 D. ct. 2798 (1988), NJ v. Michaels, 136 N.J. 299, 642 A2d 1372, 1382 (1994), NY v. Kelly, No. 933SC676, NC. Ct. App. (1995). PA v. Ritchie, 107 S. Ct. 989, 480 U.S. 39, (1987) and Kyles V. Whitley, 131 L.Ed2d490 (1995). U.S. v. Rouse.

• There were over 3 million cases of child abuse in the U.S. in 1993 and 68% were unfounded per the National Commission to Prevent Child Abuse-Federal Government.