Child's Accusation Against Step-Father

hello,

my 8 yr old daughter has accused my husband, her step father, of sexual molestation. both of my children have been taken from me. my husband did not do this. the DA has issued a arrest warrant for him on a class A felony. my daughter was checked by a physician and there were no signs. how could my husband be charged with an A felony on the word of a child?

Happens all the time. Its better to take childs word then not if true! Ask your husband to take lie detector test! Not because hes guilty but so he can prove his innocence! Thsi happened to somone I know and even though not arrest he too this test and last words investigator said was "Did not happen" End of case!

It is ordinarily unwise to take a polygraph examination without the advice and consent of counsel. The police offer polygraphs primarily as a tool to obtain confessions.

Your husband should get help from a defense lawyer who is experienced with sex abuse allegations.

Quote:

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Quoting Mr. Knowitall

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It is ordinarily unwise to take a polygraph examination without the advice and consent of counsel. The police offer polygraphs primarily as a tool to obtain confessions.

Your husband should get help from a defense lawyer who is experienced with sex abuse allegations.

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I agree however in the situation I am referring to the polygraph (taken without a defense Lawyer involved) convinced Police that the accussed had NOT committed the crime and Police parting words were "Did not happen". If the accussed is innocent I offered this as a possible means to prove innocence. On hindsight I do agree defense cousel "should" be sought and present during this polygraph.

Yet that's not the way the police typically operate. They obtain a polygraph and, if they believe the suspect guilty, tell him he failed (whatever the actual result) and see if they can get a confession. With the false positive rate for polygraphs being considerable to begin with, add to the mix the high anxiety of a criminal charge and a large number of test results are interpreted as "shows signs of deception" or at best "indeterminate". And if the police think you're guilty, all "passing" means is that you somehow beat the machine.

The police love to give polygraphs to unrepresented defendants, because they are so effective at securing confessions.

results of test mentioned were 'Less than a 1% chance test subject was lieing" You cannot get 0% so this is best rating you can get! Hard to beat that!

Look, if you want to argue from a single apocryphal incident, all the more power to you.

I'm speaking, though, from a broad spectrum of real world cases, as somebody who has discussed polygraph examination with private, police, and FBI polygraph examiners, and from the perspective of somebody who has actually defended people in court.

Your husband needs a criminal defense attorney ASAP!
There are definitions of molestion, that are statute specific legal definitions, what you may believe to be molestation may be different that statute, there does not have to be physical proof of penetration for molestation to have occurred, that is why children are placed in foster care while the investigation is pending. The defense attorney will discuss various options and defense strategies. Although the testimony of children can be problematic, it is generally taken seriously until it is investigated further. Much will depend on her age, who she told and whether or not she was influenced by others, even others investigating can create influence on a young child. Is there any history of custody or visitation issues?

thank you all for your replies. my child's real father has never been in her life. she doesnt even know what he looks like. so no custody issues. we consulted with a lawyer at the beginning and he said not to take the polygraph. my husband is now back in his own country and i really dont want him to come back and have to face prison time. he is innocent but from everything i have read, in most of these cases, the person is actually innocent but he/she still goes to prison. i dont want that for my husband.
another question is if i decided to just leave to be with my husband would the authorities come looking for me?

thanks all,

I understand what I posted many were againist and I respect that. I certainly am not an expert on this just telling a story I was told that I know to be true. That being said is this false allegation worth a marriage!? This woman is losing her husband over what she claims is a false accusation!? How can that be right or fair there must be some way to resolve thsi withou her husband leaving the:wallbang: country and her marraige ending?