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sexual abuse -false allegations

false allegations of sexual abuse report to police

Does anyone have direct experience in being accused?  Mostly I want to establish the legal recourse I can take against the accuser my x for making false allegations to the police.
It's a difficult situation (which my partner has also experienced). If you are being taken to court over her allegations, your first priority needs to be disproving her claims. You WILL need a good solicitor, obviously this is not the best time to self represent. I would suggest a barrister for the hearing if you have the available funds. The outcome of this situation will depend largely upon what kind of "evidence" she is using against you. She may have coerced the child/children into making statements that you abused them (if they are young/malleable enough, she may have even convinced them it is true - look up "false memory syndrome"). If so, the "admissions" will have to hold up under scrutiny from DOCS, JIRT, court appointed psychologist, etc. She may be relying on some kind of medical condition as evidence of abuse (ie, recurring UTI's). Or her claims may be without any real substance, and this might be a walk in the park to disprove. Without knowing your situation, it's hard to predict what will come of the accusations.

If the accusations can be neither proven nor disproven, but don't hold much weight, they may be thrown out as "unsubstantiated". This means the court hasn't seen enough evidence to find against you, but doesn't necessarily mean they acknowledge the claims as being entirely false. If, in the course of your evidence and cross examinations you are able to definitively disprove the accuations, the court may find that she is not a credible witness or that her claims were false. This requires VERY CLEAR evidence - the court will not enter into this realm lightly, as it can lead to very complicated litigation. This would open up the floor for you to file a "vexatious litigant" claim. You should do some site searches on this issue. Vexatious litigant cases are fairly rare, and are extremely hard to prosecute. You have to prove that she knowingly filed false claims, and this can be problematic. If she can satisfy the court that she truly believed you were a child molester at the time and feared for the children's safety (regardless of any subsequent findings to the contrary), then she can claim that her reports were not "knowingly" false.

This is an in-depth subject, and often the best you can hope for is to disprove her current claims and see the issue struck out. It won't stop her from doing it again in the future. My partner fought off his third set of false claims last year - the first for sexual abuse, the last two for apprehended violence - all of which were entirely fabricated. Search up similar cases on austlii and you can get a feel for the way these situations work.

I won't name anybody, but I know of a few other members who've been through similar situations. Hopefully they can weigh in on this too.

*Edited to add- Of course, if you can prove that her claims have had a directly negative impact on your reputation, business, etc, there is also the possibility of a slander lawsuit. But once again, ery difficult to win, very rarely awarded.
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