There are instances when a child remembers the sexual abuse that happened in the past. The memory can be of something that happened at a tender age. In such case, a memory expert is necessary to prove that the sudden remembrance of the sexual act is indeed true. Good experts can be costly and this may prohibit defendants in their case. However, memory experts may attack the repressed memory and dispute the ability of the defendant to remember the sexual act at such a young age. Ultimately, these repressed memories of abuse may turn out to be false allegations. Should you have to face charges of aggravated sexual abuse of a child, rape of a child, sodomy upon a child, or any child sexual abuse case in Utah, the Hoyer Law firm offers an experienced Family Law Attorney Utah to help you out.
There are several ways to attack cases where the defendant is being accused of claims of repressed memories of sexual abuse at a young age. Common defenses include:
- Mistaken Identity- When somebody accuses you of sexual abuse or seeing you sexually abuse another person, that does not mean right away that you were the one who was in the incident. A good Family Law Attorney Utah can prove that the eyewitness testimony is unreliable and the case is that of mistaken identity.
- Insufficient evidence- The burden of proof is with the accuser to show medical evidence supporting the “repressed memory.” If the accuser failed to get medical attention after the alleged sexual act or if there were no witnesses at the scene of the incident, the case may not be strong enough for a conviction.
- False Allegations- An experienced Family Law Attorney Utah can question the motive of the alleged victim for making the accusation. Questionable motives include custody disputes or financial gains.
- Consent- This defense should be entered into with great caution. In such case, the defendant will admit to the misconduct but argue that the victim consented to the act, which may negate the charge. Forensic evidence may also show proof whether or not force was used during the sexual encounter.
How to Avoid False Accusations
There are certain situations that bring malice into the mind of other people that can turn into eyewitnesses or accusers. These include:
- Being with children when no other adult is present such as in the case of scout leaders, coaches, and daycare workers. It is important to have another credible adult around who can testify that nothing inappropriate happened contrary to the false abuse allegations.
- Engaging in inappropriate behavior around children such as telling dirty jokes and sexually suggestive comments, over-aggressive horseplay, and rough-housing.
- Jobs or roles that require you to help children change clothes or accompany children to the bathroom. Ensure that another adult is present when you need to do these things.
When Facing False Allegations of Sex Crimes
You need to familiarize yourself with the common false allegations of sex crimes or child abuse. This will help you better protect yourself and prepare in case of an allegation. Be careful not to admit to anything even if it seems the easier thing to do. Child abuse has severe implications that may impact your future in many ways including in getting jobs and in future relationships. The best course of action is to be proactive and protect you with the help of a Family Law Attorney Utah.
You against Your Child or Children
Sometimes, due to the desperation of the other parent, false memories may be fed into your child’s mind. It is not the fault of your child when the other parent wants to create a malicious sexual memory in the mind of the child to keep custody. Remember that it will be up to the accuser, even if that is your child and the parent to give the court substantial evidence. Without which, it can be taken as a false allegation and the case will be dismissed. If false accusations have been planted against you during a custody dispute, you can seek the help of a Family Law Attorney Utah at Hoyer Law Firm.