False Allegations
Derek “The Fallen One” Logue
April 24, 2009, Addendum added Dec. 12, 2009

"
Hell no, I ain't worried. I didn't do this. You can't convict me of something I didn't do." – John Stoll, one of
the accused in the Bakersfield day care scandal

On Sunday, April 12, 2009, MSNBC premiered the documentary “Witch Hunt,” which told the story of the
infamous Bakersfield day care abuse panic, which led to the false convictions of dozens of innocent
people in the small town of Bakersfield, California during the early 1980s [
1]. The Bakersfield hysteria
spread throughout the United States and other English-speaking nations during the 1980s and early
1990s [
2]. It could be argued that the current spate of sex offender laws find their origins in this social
panic. In the nearly thirty years since the first of the Bakersfield cases were tried, the social panic
surrounding sex crimes and offenders remains at a high level.
Our culture has cast all men in particular as potential sexual predators, and as a consequence, a growing
number of men are fearful of children. As one man put it, “being a man, I’m guilty until proven innocent [
3].”
The news media releases many stories yearly of individuals who have served years or even decades in
prison for crimes they didn’t commit. This begs the question: just how prevalent are false allegations in our
hysteria-driven society?

Studies on false allegations

One critical study on false rape allegations found 41% (190) of rape allegations made over a 9 year period
in one metropolitan area were indeed false allegations. “These false allegations appear to serve three
major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and
attention.” This study also noted possible reasons for false rape allegations: “False rape allegations are
not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and
desperate efforts to cope with personal and social stress situations… Other factors that are typically
responsible for unfounded declarations are victim’s late reporting to the police, lack of corroborating
evidence, lack of cooperation by the victim and/or witnesses, reporting in the wrong jurisdiction,
discrepancies in the victim’s story, wrong address given by the victim, victim’s drunkenness, victim’s drug
usage, victim’s being thought a prostitute, victim’s uncertainty of events, victim’s belligerence [4] .”
Granted, this is only one study, but one that remains relevant in a culture that believes an accusation is
the same as a conviction.
Many more studies have focused on the possibility of false child sexual abuse allegations. An annotated
list of studies at the Leadership Council on Child Abuse and Interpersonal violence lists numerous reports
on the number of Child Sexual Abuse (CSA) cases found to be false. Below is the false CSA allegation
stats from the studies listed at the aforementioned website:

•        Bala, Schuman                                                     45 of 150 (30%)
•        Benedek, Schetky                                                10 of 18 (55%)
•        Brown, Hewitt, Sheehan                                        9% of 200
•        Faller                                                                    15%-25% false
•        Green                                                                   36%
•        Jones, McGraw                                                     7%
•        Jones, Seig                                                           4 of 20 (20%)
•        McGraw, Smith                                                     3 of 18 (16.5%), 1 from child
•        Thoennes, Tjadea                                               33% of 129 [
5]

It is interesting to note that most studies, with the exception of one, found no significant difference in
allegations arising from custody disputes. The single study found the percentage of false allegations rose
from 4% to 12% when custody disputes are involved and argues the possibility of malicious prosecutions
in custody disputes should not be ruled out of the realm of possibilities [
6].
Many professionals should look out for specific warning signs in such cases which may increase the
likelihood of false allegations in CSA cases:

  1. Certain personality disorders of the accusers
  2. Divorce/ child custody proceedings
  3. Situations with the potential for financial gains
  4. History of unsubstantiated allegations
  5. Unusual timing of the allegation
  6. Situations which the accuser may have a need to draw attention away from them (such as
    substance abuse)
  7. Lack of response from the child [7]

The report lists typical reasons for false allegations; one or all could be prime factors:

1.        Emotional motivations [such as attention seeking]
2.        Revenge
3.        Therapist Error or Collusion
4.        Accusation to protect oneself from the consequences of other behavior [8]

While malicious or intentional accusations may be considered “rare” by statistical standards, the fact
remains they do happen. Below are a few case studies of the different ways people landed behind bars
due to false allegations:

Malicious Prosecution

 Perhaps no other case embodies malicious prosecution than the infamous “Duke Lacrosse” sex scandal
of 2006. The allegations stemmed from one of the two “exotic dancers” hired for an off-campus party. The
backlash from the allegations was severe, including media embarrassment for the program and the
players. Durham County District Attorney Mike Nifong would state that as many as 46 of the Lacrosse
players were under suspicion of the sex crime allegations [
9]. Among those in the media who were quick to
crucify the accused, media personality Wendy Murphy was the most vocal; she emphatically stated, “I
never, ever, met a false rape claim, by the way. My own statistics speak the truth [
10].” Apparently there is
a first time for everything, as the case ended with the exoneration of the Lacrosse players and Prosecutor
Nifong disbarred for prosecutorial misconduct. “The bar's three-member disciplinary panel unanimously
found Nifong guilty of fraud, dishonesty, deceit or misrepresentation; of making false statements of
material fact before a judge; of making false statements of material fact before bar investigators, and of
lying about withholding exculpatory DNA evidence, among other violations [
11].” [Note: See also my
addendum regarding malicious prosecution from child services agencies]

Financial Gains

 A New York man was freed after three years in prison for child rape he says he didn’t commit. He was
convicted despite tests showing no rape had taken place and questionable evidence. The man states the
motivating factor in the false allegations was money; he had recently acquired a work injury settlement.
Despite the fact there was no evidence of a crime, Laura Ahern of Parents For Megan’s Law claims the
man got off on a technicality [
12].

Accusation to protect oneself from the consequences of other behavior

A thirteen-year-old boy in Pasco County, Florida called in a false kidnapping report to hide the fact that he
was out on a date with a girl; the boy was subsequently placed in juvenile detention [
13].

Coercion to cover up another crime

A South Dakota man was recently pardoned and exonerated after serving 22 years for a sex crime he
never committed. Accused by his half-sister, it was later determined the half-sister lied under coercion by
the boyfriend of the girl’s mother; the boyfriend was the one molesting her at the time [
14].

Attention Seekers

 Two Alabama teenagers lured a convicted sex offender to their homes in order to get him arrested and
gain air time on television. Later, evidence surfaced that the teens lied about how they lured the registrant
to their house for the arrest (to buy a broken motorcycle, not for soliciting sex through MySpace), and the
charges against the registrant were dropped [
15].  

False Guilty Pleas

 You’re faced with the possibility of a 25 year sentence for rape, the jury is poised to convict you, and the
state offers you probation or two years with a lesser charge, would you take the deal? In the case of one
Virginia boy, he did just that. The boy admitted to sex with a girl she claimed raped him. Later, the girl
recanted, but not before the boy entered a guilty plea in exchange for a juvenile sentence. The case has
yet to be overturned [
16].  

Even when proven innocent, still considered guilty

DNA evidence has cleared over 200 people convicted of sex crimes since 1989, many of whom have
served lengthy prison sentences. In addition to the stigma and shame they carry even after being
exonerated, few states offer support and assistance to the exonerated. Many of those exonerated have
found even with the exoneration papers in hand, they were typically treated as a convicted sex offender,
including harassment, denial of housing and employment, and some were still forced to register [
17].  Even
the New York man released on appeal was harassed even on the day of his release, and Laura Ahern
implied he was still a guilty man [18].  Fortunately, a handful of states are taking initiative to expunge the
public records of those completely exonerated, including Alaska, which is drafting a bill to do just that.
Currently under Alaska law, the arrest records remain public even after exoneration, which becomes a
major problem particularly when applying for employment [
19].

Sex Offender label the new insult

Current discriminatory remarks such as the misuse of the term “gay” as a derisive term are being replaced
with the terms “sex offender,” “predator,” or “pedophile” as the latest form of personal attack, which can
have serious consequences. In Pennsylvania, an eighth-grade student nearly faced criminal charges after
making online claims her school principal was an admitted “sex addict” and “pedophile [20] .” In Colorado,
an anonymous person made false sex offender fliers targeting a man not listed on any sex offender
registry, citing the controversial website “Family Watchdog” as a reference. Crime Stoppers offered a
reward for the arrest of the creator of these slanderous fliers [
21].  In Illinois, a smear campaign depicting
one state senator as a “friend of child molesters” during the 2008 election [22].

Conclusion

 Predator panic is alive and well even in 2009. If anything our culture is reinforcing this panic. We’ve gone
so far as use labels given to sex offenders as insults and personal attacks against individuals. So it comes
as no surprise that despite a high degree of false allegations, the accused are already convicted in the
court of public opinion. Everyone is “guilty until proven innocent.” Actually, even when proven innocent,
public opinion merely sees him as “getting off on a technicality.” The innocent be damned; even celebrity
child safety advocate Mark Lunsford testified before the March 2009 SORNA committee hearing that
sacrificing a few innocent people is a small price to pay for child safety [
23].  Sacrificing the innocent to
save the innocent is an oxymoron. The pressure to accept a lesser plea is overwhelming, and given the
vast majority of criminal cases end in guilty pleas, those who are truly innocent have little hope to
overcome false allegations.
At the least, one solution would be to make false allegations as serious as the offenses they false accuse
others of committing. Programs should be in place to assist those exonerated, and no red tape should
exist to stymie the clearing of the records of innocent people. But until people accept the real possibility of
false allegations, many more innocent people will be swallowed up in this wave of Predator Panic.

More reading on false allegations

http://falserapesociety.blogspot.com/ -- The False Rape Society, a great blog chronicling cases of false
rape allegations

http://
www.menstuff.org/issues/byissue/falseaccusation.html -- A compilation of information on false
allegations, primarily of child abuse

http:/
/www.nolanchart.com/article3294.html -- Great article on a false allegation and the disastrous
consequences, “In Memory of All the Dead Fathers,” by John Morphonios, March 26, 2008. Has links to
similar articles at the bottom of the webpage.

http://
falseallegations.com/ -- Contains a plethora of links to articles on false sexual abuse allegations and
other sex offender related issues

http://
www.witchhuntmovie.com/ -- Official website for the "Witch Hunt" documentary, proceeds from the
DVD sales go to the Innocence Project

References

  1. “Witch Hunt: About the Film - Synopsis.” Witch Hunt Documentary Website, 2009. http://www.
    witchhuntmovie.com/about.html, Retrieved April 24, 2009
  2. “Day care sex abuse hysteria.” Wikipedia, 2009. http://en.wikipedia.
    org/wiki/Day_care_sex_abuse_hysteria, retrieved April 24, 2009.
  3. Zaslow, Jeff, “Avoiding Kids: How men cope with being cast as predators.” Wall Street Journal, Spt.
    6, 2007. http://online.wsj.com/article/SB118903209653018615.html, Retrieved Feb. 19, 2008
  4. Eugene J. Kanin. “False rape allegations.” Archives of Sexual Behavior, Feb. 1994
  5. “Are Allegations of Sexual Abuse That Arise During Child Custody Disputes Less Likely To Be
    Valid? An Annotated Review of the Research.” The Leadership Council on Child Abuse and
    Interpersonal Violence, 2009. http://www.leadershipcouncil.org/1/pas/ap.html, Retrieved April 24,
    2009
  6. Nico Trocme and Nicholas Bala. “False allegations of abuse and neglect when parents separate.”
    Child Abuse and Neglect, 2005. http://www.leadershipcouncil.org/docs/Trocme.pdf, Retrieved April
    24, 2009
  7. Richard CW Hall and Ryan CW Hall. “False Allegations: The role of the Forensic Psychiatrist.”
    Journal of Psychiatric Practice, September 2001.
  8.  Ibid., pp. 343-344
  9. “Looking back at the Duke Lacrosse Case.” Duke Office of News and Communication, 2009. http:
    //news.duke.edu/lacrosseincident/, Retrieved April 24, 2009
  10. KC Johnson. “The Wendy Murphy File.” Durham in Wonderland, Dec. 31, 2006. http:
    //durhamwonderland.blogspot.com/2006/12/wendy-murphy-file.html, Retrieved April 24, 2009
  11. Lara Setrakian and Chris Francescani. “Former Duke Prosecutor Nifong Disbarred.” ABC News,
    June 16, 2007. http://abcnews.go.com/TheLaw/story?id=3285862, Retrieved April 24, 2009
  12. Emily Smith. “Convicted sex offender free on appeal.” ABC 7, December 18, 2008. http://abclocal.go.
    com/wabc/story?section=news/local&id=6182352&pt=print, Retrieved April 24, 2009
  13. “Authorities: Boy called in own fake kidnapping.” Bay News 9, April 3, 2008. http://www.baynews9.
    com/content/36/2008/4/3/337118.html?title=Authorities:+Boy+called, retrieved April 24, 2009
  14. Amanda Palluck. “Finally Free.” Brookings Register, April 3, 2009. http://www.brookingsregister.
    com/V2_news_articles.php?heading=0&story_id=4740&page=76, Retrieved April 25, 2009
  15. Virginia Bridges, “Charges dropped in fake Baldwin County sex sting.” AL.com, Oct. 16, 2008. http:
    //www.al.com/news/press-register/metro.ssf?/base/news/122414854135910.xml&coll=3, Retrieved
    April 25, 2009
  16. Steve Drizin. “False Guilty Pleas and Juvenile Injustice.” Bluhm Legal Clinic Blog, Northwestern Univ.
    School of Law, March 7, 2009. http://blog.law.northwestern.edu/bluhm/2009/03/false-guilty-pleas-
    and-juvenile-injustice.html, Retrieved April 25, 2009
  17. Kevin Johnson. “Those cleared by DNA tests struggle to be free.” USA Today, Jan. 27, 2009. http:
    //www.usatoday.com/news/nation/2009-01-27-exonerated_N.htm, Retrieved April 25, 2009.
  18. Emily Smith, “Free on appeal,” ABC 7, ibid.
  19. James Halpin. “Bill would clean files of false accusations.” Anchorage Daily News, April 12, 2009.
    http://www.adn.com/2627/v-printer/story/757736.html, Retrieved April 25, 2009
  20. Gene Policinski. “Fake Web page may have chipped away at student-speech rights.” Rockford
    Register Star, Oct. 6, 2008.
  21. Nick Bonham. “Flier falsely calls resident sex offender.” The Pueblo Chieftain, Oct. 18, 2008. http:
    //www.chieftain.com/articles/2008/10/18/news/local/doc48f978e821a9e505539832.prt, Retrieved
    April 25, 2009
  22. Kevin Haas. “Friends of Rep. Ron Wait respond to Tuite’s political ad.” Rockford Register Star,
    Sept. 17, 2008.
  23. Laurie Peterson, “The AWA Hearing.” RSOL Digest, March 2009. http://reformsexoffenderlaws.
    org/digest.php#0019, Retrieved April 25, 2009
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ADDENDUM 12/12/2009

Re: Malicious Prosecution by social workers

Recently I received an e-mail suggesting I left out one very important detail; namely, malicious prosecution
cases by social workers rather than through the DA or police. To clarify, for the sake of argument, I simply
neglected to use the term "social workers/ children's services" when writing; however, I had them in mind
when writing about malicious prosecution. Social workers, child services employees, and law enforcement
serve the same functions in regards to the investigation and prosecution of sex crime accusations, so for
all intensive purposes, are one and the same. However, I will delve further into this topic to add to this
article. I hold the Bakersfield day care scare as the standard of malicious prosecution from social services
and law enforcement agencies in a collaborative effort. It is difficult to separate the two agencies in terms
of malicious prosecution. Hopefully, this helps clarify the deficiency point out in this article.