Remember 'Innocent Until Proven Guilty' This July 4!
Dean Tong
Monday, July 1, 2002
As America celebrates its first Independence Day since the 9-11 attacks on the World Trade Center and Pentagon, we mourn our dead and stand proud by the freedoms
we enjoy. Perhaps we don't take those freedoms for granted as we did prior to those evil, terrorist acts against us.
Abuse and exploitation of our most precious resource, our children, is a form of domestic terrorism. This July Fourth let's say a prayer for two children who were abducted
recently, Danielle Van Dam and Elizabeth Smart. It is incumbent upon us to prosecute their perpetrators to the fullest extent allowed by law.
Yet, according to the National Center on Child Abuse and Neglect, of the approximate 3.3 million reports of alleged child abuse and neglect that will be filed in America this
year, over 2 million will be deemed 'unfounded.' In other words, over 2 million American families will be faced with proving their innocence of crimes before our behemoth
child protective service agencies. Why is this?
In any alleged child abuse case in America, an accused is guilty until proven innocent, in contravention to the Constitution and our 14th Amendment right to due process.
We recognize that our local priest could be a child molester. We recognize that child abuse is a taboo. Do we recognize that many professionals who investigate and
evaluate alleged child abuse cases suffer from confirmatory biases – preconceived notions that these crimes have already been committed – before their work even
begins.
Consider the following two e-mails sent to me on June 24 and June 26, respectively:
I would like to tell you that I find your website revolting. I have been a Sexual Assault Nurse Examiner for 6 years and have seen all kinds of abuse. I have performed
exams on sexually abused children and adults, and physically abused children. In my experience, there are very few "false reports." However, there are cases where
the abuse cannot be proven in court but this does not mean it didn't happen.
According to the DOJ [Department of Justice], the false reporting rate for sexual assault is 2-4%, which is comparable to other types of violent crimes. I understand
that sometimes with divorce cases, one parent may worry about abuse by the other parent, however most of the time, there is some cause for concern. Your type of
advertising is what makes people think they should not report because they won't be believed. – KM, RN (SANE Program Coordinator)
And the second e-mail:
I am very concerned that you are spreading this misinformation. As a former volunteer at a rape crisis center, I know firsthand that children do not make up this
information. I realize that many cases lack enough evidence to be proven in court, but this does not mean that it is untrue. As a matter of fact, I find this offensive.
Perhaps
something in your own personal history has led you to hold these views, I do not know. What I do know is that women and adult survivors of childhood sexual assault do
not suffer from borderline personality disorders, it is as a direct result of the sexual abuse. For you to distort the truth and put victims on trial is a terrible
miscarriage of justice. Where do you get off printing this information as if you are some sort of an expert. This shocks and upsets me. – JN
According to KM and JN, children and women never lie or are never wrong about abuse. According to KM and JN, we should convict before the accused is afforded a defense, before the accused has the
constitutional right to a trial by a jury of his peers.
While child abuse is a serious problem in America, we must never forget that an accused is innocent until proven guilty. And even if one's case is deemed unfounded, after being
accused of child abuse those people will still bear a scarlet letter emblazoned upon their names.
Dean Tong, forensic consultant and author of the book "Elusive Innocence: Survival Guide for the Falsely Accused" (Huntington House, 2002), has been retained by parents and attorneys in 32 states in abuse and custody cases. His website is http://www.abuse-excuse.com.
Contact Dean Tong at DeanTong@aol.com
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