The Harm of False Allegations of Abuse
There are many reasons that people use this tactic. One of the biggest reasons is revenge. What better way to ruin someone's life than by accusing them of domestic violence. I mean why not get even for everything they did wrong by calling them an abuser. What's even worse is there is little to no repercussions for falsely accusing anyone for abuse. I mean what's to stop someone from accusing some one of abuse long after a relationship is over just to get back at an ex-partner for being happy. These accusations are made with no basis in truth just a vindictive way to try and cast a doubt on the character of the accused.
Another reason many false allegations are filed is to try and defame a parent in a custody case. Many lawyers tell their clients to do this in order to make the other parent be shown to be an abuser in the court room. This tactic is being used mostly by women seeking to get custody of the children by any means necessary. In this instance, courts have always erred on the side of caution giving restraining orders with little to no supporting evidence just in case the allegations may be true as they don't want to be accused of allowing abuse to happen. It then leaves the accused with the stain of guilty till proven innocent in the family court. If the father has had a restraining order placed on him he automatically has to fight twice as hard to overcome the false allegations. While some women make these accusations to friends, family and the children themselves they never actually have any evidence or police reports to back up their claims and again there is little to no recourse in this matter.
Here is just one example:
Judge Rucker Smith of Georgia was assaulted by his ex-girlfriend. Even
Though she had instigated the incident and he did not retaliate, he was charged with battery. A jury later acquitted Smith of all charges. However these charges caused the judge much turmoil in his life, both privately and professionally, dealing with these false accusations. He subsequently opined, "For someone to falsely accuse another out of anger and vengeance silences the voices of the many real victims." And if it can happen to a judge it can happen to anyone.
This is the most damaging thing regarding false allegations as Judge Rucker points out is it lessens the words of the real victims. Every time someone calls wolf falsely people then begin to doubt, on a whole, the validity of any report of abuse. For every real victim that gets turned away the blame can surely go on a system that allows false accusations to go unpunished.
False allegations of abuse need to be prosecuted severely. There needs to be severe repercussions to telling false stories otherwise they will continue to spread their vindictive lies without remorse. Having severe penalties for false and unsubstantiated abuse allegations will make accusers think twice before making these accusations and let the voice of real victims be heard.
http://www.fathers4kids.com/html/DomesticViolence.htm
http://deltabravo.net/custody/falseacc2.php
Published by Mellissa Withers
Working Mother of six wonderful Children that is going to school and will be graduating this year. My hope is to begin in the legal field with a father's rights group. I have seen our legal system at its b... View profile
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3 Comments
Post a CommentThree sure signs of a false allegation of spousal abuse are the accuser is having an affair and then claims spousal abuse to expel their husband from the home. She leaves home with another man and then drives around for six hours before reporting the crime to police. She refuses to appear in court and the prosecutors and the courts do nothing about it. Refusal to appear is a sign of guilt.
Why does domestic violence need special laws? Assault is assault. The reason is a gain a upper hand in either divorce, child custody or equitable distribution with a minimal risk should the allegations be declared false. There is no penalty when a someone makes a false allegation of domestic violence. They do not have to go through the police. Thus, there is little or no penalty under domestic law. Example: A false allegation to the police comes with a penalty such as "filing a false police report". In addition, the statement comes under investigation of the police in domestic law this isn't always the case. It is usually one person's word against the other. The accuser is almost always right. The civil court procedure is clearly unconstitutional. It could even be called gender
discriminate since the large majority of the courts victims are men. False allegations in domestic violence should be a felony since it is malicious and causes damage to innocent people.
We have another friend who is going through a divorce.
He too is anglo, and his wife is Chinese.
What makes their circumstances so exceptional to me is that having known them for about 7 years, I have always considered them to both be responsible, decent and level headed.
They have a 6 year old son, which they seem to dote over, and they were both clearly very good parents.
Now in the past Ms B made some incidental but ominous comments about the wife, which I disregarded at the time. Ms B told me that the wife would bitterly complain in private about her husband, but there was no substance to the complaints. Ms B described the complaints as being "child-like" and repetitious in nature.
Had my wife not told me this, I would never have thought this woman was child-like, nor someone who complained about her husband behind his back. She just seemed too nice and empathetic in public. In fact, she really won me over as a great mother and a great wife.
But clearly I was wro