According to multiple studies performed between 1987 and 1995, the rate of false allegation in child sexual abuse ranges from 6% to a whopping 35%. However, of these false allegations, only a small portion originated from the child. The studies showed that most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occured in the context of divorce and child-custody battles.

The below case study proves to be a representation of the above statistics, where a court has found that a mother had posed an unacceptable risk of emotional harm to her children after a series of false sexual abuse allegations against their father.

Background

A family has been torn apart after unfounded allegations were ruled as a larger risk than alleged sexual abuse to the children involved. Ms Syms, alleged that Mr Syms, posed as an unacceptable risk to their children due to the multiple alleged sexual abuse. As a result, Ms Syms drastically sought final parenting arrangements where, Mr Syms, would not have any contact with their children. The authorities spoke to all three children, ages 11, 9 and 7, on multiple occasions, with and without, the parents’ knowing and never found any signs of abuse. Conclusively, after a psychologist interviewed each child, it was ruled that the mother was a more toxic influence on the children. The court was able to reach a just outcome with the children now living with their father and spending supervised time with their mother.

She Said, He Said

Ms Syms concerns began when she observed that her children were engaging in sexualised behavior. This concern grew as she was also receiving multiple phone calls from the children’s school about the issue. At some point in time, she thought to herself that this behavior must have originated from the father engaging in inappropriate activities with the children. As this thought grew into a certainty in the mother’s mind, she took a number of actions to ‘protect’ her children.

First, in February 2018 she told the father he should not come near her or the children again. This resulted in the children not seeing their father for a staggering 7 months. Ms Sym contacted the police and the children were interviewed by the Joint Investigation Response Team or ‘JIRT’ (specialist team trained to conduct interviews with children, where disclosures about sexual abuse may lead to police laying charges of sexual assault). From this interview the children made general statements, rather than disclosures of abuse and as a result, the police took no further action. The court also concluded that the children did not show or say any signs that they were suffering from abuse.

Father Commences Parenting Proceedings

Mr Sym started his court proceedings in May 2018 in an effort to be reunited with his children. The matter was allocated to the court’s Magellan list, which deals specifically with cases involving sexual abuse allegations and risks of sexual abuse to children. In July 2018, the Magellan report categorised allegations against the father as “unsubstantiated”. Following on from this, interim orders were made in September 2018 and the children were allowed to start spending time with their father under supervision of his sister (the children’s Aunt).

The False Allegations

“I know things happened to you, you told me things happened to you”

After the mother raised further concerns with authorities, another JIRT interview occurred in January 2019, at the children’s school, without the mother’s prior knowledge. Again, there was no evidence or signs of sexual abuse by the father from anything said by the children.

In February 2019, another JIRT interview occurred with only the oldest child. Ms Sym contacted police after the child told her ‘dad touched me in the water at the beach and put his penis in my bottom’.

The mother had told the children after the first JIRT interview, ‘I spoke to who I need to, to keep you safe, but you didn’t talk to them. I know things happened to you, you told me things happened to you’.

Shockingly, the father also stated that the youngest child told him the oldest child’s tablet was taken away from him as he ‘did not tell the police what he was supposed to’.

In the circumstances, the Judge concluded that the child:

· Was aware it was up to him to prove the father was an abuser;

· Told a story that simply could not be true (in the surf, water at chest height, other people in the water, the father put a handful of sand onto his penis and then put it in the child’s bottom for 10 seconds);

· Became desperate, and did his best, feeling pressure to do the right thing, but not knowing what the right thing was

· The oldest child was potentially being punished by the maternal family

Expert Evidence

A psychologist also conducted interviews with the parents and children in February 2019 and prepared an expert report. The expert was sceptical as to any abuse having occurred and highlighted risks of the children remaining with their mother:

· Developing incredulous ideas of what has happened – being raped at supervised contact;

· Views being cemented and impossibilities of removing the notion from a child’s mind that they have been abused;

· Distorted ideas about their own experiences and memories;

· Reappraising earlier times in their lives as negative that the parents both referred to as positive, and this continuing to happen;

· Ultimately believing their father is a sexual predator who abandoned them and hurt their family.

Outcome

The mother’s allegations were not accepted. The Judge found the father had not sexually abused the children, and the father did not pose an unacceptable risk of harm to the children.

Instead, the court found there was an unacceptable risk of emotional harm to the children living with the mother. This was consistent with the state and federal police investigations into the mother’s complaint of sexual abuse. The children were to live with the father and spend supervised time with their mother, with the father given discretion as to when supervision should end.

The mother did raise an appeal, but she was wholly unsuccessful.

False allegations, especially those of a serious nature such as the above case can be devastating to the victim, and his/her family. In such circumstances, it is crucial to seek ample legal expertise to represent you and your case. If you require legal assistance regarding family matters, our veteran legal team have assisted countless families. Trust Longton Legal to help you achieve the best possible outcome.

*Disclaimer：This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*