Here is a case of an elementary school counselor and child behavioral specialist whose career was ruined by a false accusation. He tried to take precautions; he never had a child in his office with the door closed. He would only see a kid with the door open and everyone in plain view of a secretary and other passersby.
Nevertheless some 7yo kid accused him of repeated anal sodomy. Based on that, CPS made a finding of substantiated abuse. And the police arrested him after a 3-month investigation. This was despite the fact that the kid told inconsistent stories, the medical exam was negative, and there was no corroborating evidence of any kind. They believed the kid and were over-eager to prevent abuse.
Does anyone seriously think that this ever happens? If it did, the kid could walk out the door, scream, get a medial exam, and the man would spend the rest of his life in prison. At it would be a short life, because he would get killed in prison.
You might say, "Why would a kid ever invent a story like that if it were not true?" He did not, originally. He had a minor complaint about being touched with his clothes on. It was only after CPS interrogation and manipulation that the story escalated.
He somehow got it the case to a federal appeals court, where he finally found a judge with some common sense:
Indeed, it appears that no federal court of appeals has ever found probable cause based on a child’s allegations absent some other evidence to corroborate the child’s story…. Indeed, some cases have expressed heightened concerns about the reliability of child-witnesses’ allegations when, as here, there are other indicia of unreliability.I conclude that there are horrible systemic problems with the authorities on child abuse. It has been well known for decades how easily kids can be manipulated into saying bogus things like this. I must have watched 5 TV documentaries on the subject. If CPS were at all fair or honest, they would have training programs in place to prevent this sort of thing from happening.
We are, of course, all too aware of the difficulties facing police investigations into child sexual abuse. We recognize that a child-victim’s testimony often plays an important role in prosecuting the perpetrators of this serious and disturbing crime. Nevertheless, we conclude that J.S.’s young age is a factor bearing on the reliability of his accusations and that Rigney (and the district court) should have given it appropriate weight.
Second, we note that the implausibility of a witness’s accusations is also germane to determining the existence of probable cause…. Without question, J.S.’s allegations against Wesley were facially implausible.
Indeed, it appears that no federal court of appeals has ever found probable cause based on a child’s allegations absent some other evidence to corroborate the child’s story…. Indeed, some cases have expressed heightened concerns about the reliability of child-witnesses’ allegations when, as here, there are other indicia of unreliability.
We are, of course, all too aware of the difficulties facing police investigations into child sexual abuse. We recognize that a child-victim’s testimony often plays an important role in prosecuting the perpetrators of this serious and disturbing crime. Nevertheless, we conclude that J.S.’s young age is a factor bearing on the reliability of his accusations and that Rigney (and the district court) should have given it appropriate weight.
Second, we note that the implausibility of a witness’s accusations is also germane to determining the existence of probable cause…. Without question, J.S.’s allegations against Wesley were facially implausible.
But I am afraid that is not the conclusion that most people will draw. This case will not even make the news. People will just assume that an isolated agent used bad judgment, or that more money needs to be spent on CPS and police, or that such agressive prosecution is necessary to root out the real abusers, or even that the man probably really was an abuser who just hasn't been caught in the act yet. They may even say that only the rights of the kids should be considered, or that there must be something wrong with a man who wants to work in an elementary school anyway.
I have posted many of these stories, and it is useless. If these don't convince you that the system is broken, and that there is a CPS war on the innocent, then nothing will.
2 comments:
So I guess nobody learned a thing from the 1980s "Satanic ritual abuse" hoaxes.
It's physically impossible for a grown man to penetrate a 7-year old boy's anus.
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