Should persons accused of child sex abuse be presumed guilty?

The reason I opened this thread the way I did, was to demonstrate that I do NOT in any way condone the sexual abuse of children. I think these monsters should have their balls nailed to the wall!! But my point is, that our zeal to prevent this kind of abuse has resulted in an absolute travesty of the American constitutional rule of law

What a dickhead . . .

...but we already knew that.

I was merely making an observation, i was neither offering a comprehensive view of incarceration policies, nor offering legal advice.

But you're so obsessed with making personal attacks on me and what i post, that i doubt that you'll let it go. Why don't you make some more invidious comments about my appearance? That's about your speed, and indicative of just how deeply in the slime your character is lodged.

Give yourself two quibble points. My only point to Boom is that people who are considered innocent until proven guilty are not necessarily suffering an assumption of guilt in enduring pre-trial incarceration.

I do not live in the US...I know you have had some miscarriages of justice there...but again, your claims appear way beyond what is believable..and you give no evidence at all.

I couldn't tell you the numbers of people accused of child sexual abuse who are incarcerated without possibility of bail, and neither, so far has the author of this thread. I suspect that the same circumstances apply as do with any other crime. Therefore, this member, having made an extraordinary claim, has the burden of proof. His original thesis can be easily answered by pointing out that the opprobrium which such an individual suffers, when accused but not convicted, is something for which society and not the legal system is responsible. It seems to me that this member wishes to conflate social censure with injustices alleged against the legal system. Once again, absent proof, which he doesn't provide, there is no reason to take him at his word.

The Effects of a False Allegation of Child Sexual Abuse on an Intact Middle Class Family1
Darrell W. Richardson*
ABSTRACT: The personal, clinical, and legal experience of an intact family of four in which which a false allegation of sexual abuse was made by the daughter toward the father was reported. The family was followed for two years. The experience destroyed the family and the parents and children all suffered depression, stress, rage, distress, hurt, and alienation. This case study parallels the available literature which indicates that a false allegation of sexual abuse is destructive and traumatic.


On his way to work, a clinical psychologist had no way of knowing he was about to be arrested. As he got out of his car, two police officers approached him, asked him who he was, placed him under arrest, handcuffed him, and drove him off to jail. He had been charged with sexually abusing his two-year-old daughter (Spiegel 1986).

I know of several similar incidents. A clinical psychologist was investigated by Child Protective Services for allegedly molesting his three-year-old daughter. A manager in a local supermarket was investigated for allegedly abusing his seventeen-year-old son, a local football star. He was fired as soon as the investigation became public. A drug and alcohol counselor was fired because it was rumored that he molested a counselee. A woman left her husband, a young army N.C.O., and informed him that she intended to keep all the appliances, furniture, and any other possessions she wanted (whether or not they belonged to her). And if he tried to stop her, she would turn him in for sexual abuse. The N.C.O. did nothing. His rationale was that his career in the service would be ruined.

The common strand in all these situations was that the allegations were found to be false. The clinical psychologist spent $50,000 in his defense, lost his practice and most of his friends (Spiegel 1986). The second clinical psychologist spent nearly $35,000 in Juvenile Court in his defense (criminal charges were never filed). Both psychologists reported suicidal thoughts, anxiety, and depression. The supermarket manager lost his job, his home, filed bankruptcy, and went through a divorce. He related these tragedies to the intervention of the state. The drug and alcohol counselor lost his job because of the rumor, even though a check of the local law enforcement agencies (city, county, and state) found no charges filed, nor was there any complaint filed with CPS. The N.C.O. was blackmailed by his former spouse.

Why were there divorces? Why were people fired before they were convicted? How could a spouse blackmail her husband with impunity? In a larger sense, what was it like for these people? What were the effects of a false allegation of child abuse on the people that were subject of that allegation?

This study examined the experience of a formerly intact middle-class family, victimized by false allegations of child and sexual abuse. It examines not only the facts, but the ethos, the experience of being innocent and on the wrong side of public opinion, and the power of the state.


The Problem

The National Study of Child Abuse (Smith, 1985) estimated that 1.1 million child abuse and neglect reports have been filed with Child Protective Agencies each year and that more than 600,000 of these probably cannot be substantiated even using the broad definitions of child abuse and neglect often used by the protective service agencies. Of the remaining 40%, only half (or 20% of the total reports) were considered substantial enough to be included in the national study (Smith, 1985).

From Kirkus Reviews
A psychologist castigates his own profession for its role in false sexual abuse claims that have put innocent people behind bars, ruined families, and damaged patients in therapy. Campbell, a member of the Professional and Scientific Advisory Board of the False Memory Syndrome Foundation, has previously published portions of the present work in a number of peer-reviewed journals. Here, he first examines the role of anxious parents, ill-informed health-care professionals, and overzealous prosecutors in legal cases involving false allegations of sexual abuse. He describes numerous disturbing cases, some that have been well publicized and others that have not, to reveal the error-prone procedures for assessing child abuse and the way in which play therapy for children can dramatically alter their memories. Next, he looks closely at the practice of recovered memory therapy, in which therapists persuade adult clients that their troubles originated in childhood sexual abuse, memories of which they have repressed. Campbell contends that recovered memory therapists, who may be doctoral-level psychologists, not just marginally trained practitioners, are bringing discredit to psychotherapy with their use of the blame-and-change approach (clients in therapy must blame family members in order to change themselves) and their persistence in clinging to misinformed theories about memory and repression. Campbell, who cites studies showing that therapists rely much more on subjective impressions than on scientific research, charges that within the American Psychological Association and other member organizations, political correctness and marketing concerns prevail over ethical responsibility and accuracy of information. In his final chapter, Campbell outlines the changes that he thinks psychotherapy must make, the likelihood of which he finds remote. A hard-hitting indictment - full of appalling human stories, impressive research, tough language, and charges that demand a response. -- Copyright ©1998, Kirkus Associates, LP. All rights reserved.

Product Description

Smoke and Mirrors: The Devastating Effect of False Sexual Abuse Claims is an uncompromising examination of how false allegations originate, gather momentum, and too often culminate by ripping apart the lives of innocent people. Dr. Terence Campbell, a nationally recognized authority in the area of forensic psychology, passionately debates how false allegations of sexual abuse can occur anywhere to anyone.

Where does this stuff come from?

Is it actually true in the US?

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Whitaker, 29, is on the registry for having consensual oral sex with a classmate three weeks before his 16th birthday. Whitaker had just turned 17. Both were high school sophomores.

Because of her 1997 sodomy conviction, Whitaker must register as a sex offender for life and comply with the law’s residency restrictions that bar her from living within 1,000 feet of designated areas where children congregate.

The Georgia Supreme Court earlier Friday ordered that he be released, ruling 4-3 that his sentence was cruel and unusual punishment.

Wilson, 21, was convicted in 2005 of having oral sex with a consenting 15-year-old girl when he was 17.

Amy Smalley thought she was being a good parent when she taught her children about sex.

Smalley told her children, ages 11 and 15, about her own sexual experiences, explained how to perform oral sex and even showed them a sex toy she owned.

Smalley called it education. Prosecutors called it a crime.

Amero, a substitute teacher in Norwich, Connecticut, was arrested after students in her class reported that they'd seen pornographic images on her computer screen on Oct. 19, 2004. Amero said the computer wouldn't stop sending pop-ups and that she didn't know what to do with the computer.

In January 2007, she was convicted of four felony pornography charges and faced up to 40 years in prison.

Computer security experts, including Alex Eckelberry of Sunbelt Software, read about the case and immediately suspected Amero was the victim of rogue software and an overzealous prosecutor. He and a crack team of computer forensic experts examined the hard drive for the defense on a pro-bono basis.

Based on their March 2007 report, the judge in the case set aside the conviction in June 2007 " essentially granting Amero a new trial and raising hopes the prosecution would drop the case.

Utah Supreme Court justices acknowledged Tuesday that they were struggling to wrap their minds around the concept that a 13-year-old girl could be both an offender and a victim for the same act - in this case, having consensual sex with her 12-year-old boyfriend.

The Ogden, Utah, girl was put in this odd position because she was found guilty of violating a state law that prohibits sex with someone under age 14. She also was the victim in the case against her boyfriend, who was found guilty of the same violation by engaging in sexual activity with her.

Shurtleff said because indecent exposure is a sex offense, multiple convictions could land habitual public urinators on a sex offender registry, a penalty he feels is too severe for the crime.

"I think some of the stigma attached to that is greater than the offense," he said. "It's public urination and they should be charged with it."

Under the bill, if someone is arrested for viewing children in a public place, it would be a Class D felony if the child is between 12 to 14 years old and a Class C felony if the child is under 12, according to Alexander.

but the moral panic in the US isn't helpful. It's giving fodder to pedophiles who want to do away with the laws for more insidious reasons than societal justice. It's providing plausible cover for real pedophiles when you get harassed by cops just because you happen to be parked too close to a school. We need more sensible policy on this, or the stigma will backfire and make abuse even more acceptable.