Santa Monica, CAFalse sexual assault allegations are made with surprising frequency. Vincent Imhoff, managing partner of Imhoff & Associates, PC, says that he has increasingly seen many cases of fraudulent sexual assault claims, many of them used as leverage in divorce cases.
"One of the allegations that happens frequently when people get divorced are child molestation allegations," Imhoff says. "One parent will use the children as a wedge or a vehicle to gain influence over the situation and to exact revenge.
"In that regard, that's why you need a criminal attorney in addition to a divorce attorney: to ensure your rights are defended vigorously and to prevent false allegations from becoming filed charges. When those allegations are made, you need someone who is accustomed to these types of cases.
"What makes these cases difficult is that in many states the person the child made the allegations to is allowed to testify as though they were the child. It's a shield to prevent children from testifying. It can be difficult to defend the accused because you cannot cross examine the child. The accused needs someone who knows what they are doing and knows what to ask and what to ask for. The lawyer has to be skilled and tactful but still aggressive.
"These cases are also difficult because the people that hear the outcry [the initial allegations] are obligated by law to report it. If the allegations come up in school or confession, those people are forced to tell the police about it. There is no discretion for professionals to determine if the allegations are true or false: it is the sole discretion of the police department and the District Attorney's office. So, when there is an outcry, you have to act quickly to know the circumstances of the outcry and what surrounds it.
"It is very important to fight false sexual assault allegations. If you are found guilty, you have permanent registration on your birthday every year. If you move, you have to register and then continue registering on your birthday. You wear the sex offender label forever??"just because you are getting divorced.
"If allegations are made against you, you need to act quickly. Do not just ignore the allegations or assume the divorce lawyer will handle the situation. These are very serious threats with serious consequences. The sooner you start the investigation, the better off you are. If the child is being used as leverage, his or her memories can fade quickly. You can also find out the motivation for the lie if you act quickly."
An experienced law firm can help you to fight false sexual assault allegations, but it is vital that you see a lawyer as soon as possible to allow the attorney to defend you to the fullest extent possible. If you have had false sexual assault allegations made against you, contact a lawyer to discuss your legal options.
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