When child sexual abuses is raised or alleged by a child, there are a significant number of possibilities that must be explored. Often, in the legal system, the mistake made is that the children's services workers, the lawyers, the guardian ad litem, the judge, the juvenile system or other decision makers fail to look at the nine potential or possible hypotheses when sexual abuse is alleged. The possible outcomes include the following:
1. The child is a victim of sexual abuse and the allegation is credible and accurate as stated by the child;
2. The child is a victim of sexual abuse but due to age or cognitive deficits, does not have the verbal or emotional skills to provide a credible description of the abuse;
3. The child is a victim of sexual abuse but due to fear or other external forces, will not disclose her or her abuse;
4. The child is a victim of sexual abuse, but due to misguided loyalty, will not disclose his or her abuse;
5. The child is not a victim of sexual abuse, and is credible but has misperceived an innocent interaction;
6. The child is not a victim of sexual abuse, but has been unintentionally contaminated by a concerned or hypervigilant caretaker or authority figure;
7. The child is not a victim of sexual abuse but has been intentionally manipulated by a caretaker or authority figure into believing he or she has been abused;
8. The child is not a victim of sexual abuse but knowingly falsely accuses someone of sexual abuse because of pressure by caretakers or authority figures who believe the child has been abused;
9. The child is not a victim of sexual abuse but knowingly falsely accuses someone of sexual abuse for reasons of personal aggrandizement or revenge or a personal grudge or anger;
The allegations, by a child, of sexual abuse are complex and a tremendously sensitive issue with far-reaching implications for all parties involved. The subsequent process of investigating child abuse is often emotionally taxing for all parties involved, including the child, and legally intricate. If you are going through the process of addressing sexual abuse, whether in protecting your child from sexual harm, or in defending false allegations, it is imperative that you work with a knowledgeable and experienced family law attorney who can implement a variety of strategies to explore and obtain evidence and present an accurate case reinforcing your position.
Legal and Investigative Outcomes
When child sexual abuse is alleged, there are often many avenues of investigation occurring. Those can include children's services, law enforcement and civil cases (such as a divorce or custody modification case). In other circumstances, when a child has been abused, there is a civil lawsuit that follows, as well.
When children's services is investigating allegations, there are three possible outcomes from their investigation:
- Substantiated Allegation: Following a thorough investigation, law enforcement and/or children's services may determine that the evidence supports the claims of sexual abuse. This can lead to criminal charges being filed against the accused, a determination that a juvenile or child in need of care case needs to be filed and/or a determination/positive finding of abuse. Potential outcomes with criminal charges can include arrest, trial, conviction, and sentencing.
- Unsubstantiated Allegation: If the investigation yields insufficient evidence to support the allegation, the case may be closed. However, this does not negate the trauma experienced by the accuser. Often this is a very complicated case because there are times that allegations are incorrectly unsubstantiated when the abuse has, in fact, occurred.
- False Allegation: In rare instances, an allegation may be proven to be entirely false. This can have severe consequences for the accused, including reputational damage and potential legal repercussions for the accuser.
Going beyond the legal implications, thinking about the child's needs and bringing healing to him or her is crucial. Sexual abuse often results in long-term psychological trauma for the victim. Access to therapy, support groups, and other mental health services is very important for child victims to aid in recovery. Also it is crucial to ensure that they receive long-term protection and support.