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Divorcing spouses often get into heated battles over some of the same things that caused problems in the marriage. However, there are a few soon-to-be-ex-spouses that make horrendous accusations, sometimes without any basis of truth. If you are going through a divorce and your soon-to-be-ex suddenly makes criminal accusations of sexual abuse against you, you will need the help of a criminal defense lawyer. Here is how the criminal defense lawyer can help.
Sexual Abuse Claims: Disproving Them
If your ex suddenly claims that you sexually abused him or her (and not the children), your lawyer may find it easier to disprove this criminal complaint in court because your ex does not have any immediate proof. If the only evidence is his or her word, the judge may have to weigh these accusations and allegations against what other people or character witnesses know of you. Your lawyer may have to call several close friends and family members to the stand to testify on your behalf. Your spouse's attorney will have to find a way to make the allegations and accusations stick, and you could be acquitted if there are enough people and/or evidence to show that you would not and have never done what your spouse accused you of doing.
Sexual Abuse Claims Against Children
On the other hand, if your ex claims that you molested or raped one or more of your own children, these claims are more difficult to disprove because children are easily manipulated into saying anything. Additionally, family services will get involved, and their methods of questioning needs to be carefully monitored by witnesses to make sure the questioning sessions are properly conducted. (There are certain ways these sensitive questions should be asked so that a child is not lead or manipulated into giving a false answer.)
...most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles.
Your criminal defense lawyer will request that the children be fully examined by a medical doctor and by a court-appointed psychiatrist, who will ask the right questions of the children and not ask them misleading or leading questions that could create more trouble when the children feel coerced into saying things that are not true. If the doctor and psychiatrist both find that your children were coerced, lead, manipulated or threatened into saying that they were sexually abused, then your lawyer can use this expert testimony to remove the stain of the accusations from your case.
For more information and legal advice, talk with a professional lawyers, such as those at New Beginning Law crimial defense lawyer.
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