But this is an important point. What does the research really say about false accusations in the midst of a divorce? Here is some of the research on this topic (provided by the Leadership Counsel):
http://www.leadershipcouncil.org/1/res/cust_myths.html
"Many people believe abuse allegations are rampant in custody and divorce litigation where they are used primary by mothers to gain a tactical advantage. When antagonistic parents are locked in legal disputes it is reasonable to be concerned about their motives when abuse allegations are raised. However, research has consistently shown that sexual abuse allegations are not common during custody litigation and when thoroughly investigated are no more likely to be false than allegations raised when at other points in time.
This matter was investigated by the Denver-based Research Unit of the Association of Family and Conciliation Courts which performed a 2-year study which explored the incidence and validity of sexual abuse allegations in custody cases. Contrary to the popular myth that sexual allegations in custody cases are relatively common, the study found that, in the 12 states participating in the study, only 6% of custody cases involved allegations of sexual abuse. The belief that these allegations are typically false was also challenged by the study findings. Half of the allegations were believed by the investigators to be true, and in another 17% determination of the validity could not be made with any degree of certainty. The remaining third of the cases were not believed to involve abuse. However, in most of the cases where abuse was not substantiated, the allegations were believed to have been made in good faith and based on genuine suspicions.
"Similar results have been found by other researchers. An Australian study (Brown et al., 1997) found the overall rate of false allegations during divorce to be about 9%, similar to the rate of false allegations at any other time. Schuman (2000) reviewed research that found a range of 1-5% for rates of deliberately false allegations, and 14-21% for mistaken allegations.
It is also important to note that when false allegations are raised, it is not always mothers accusing fathers. Nicholas Bala and John Schuman, two Queen's University law professors, reviewed Canadian judges' written decisions where allegations of either physical or sexual abuse were raised in the context of parental separation. They examined 196 family law cases that were adjudicated between 1990 and 1998. The results revealed that the judges felt that only a third of unproven cases of child abuse stemming from custody battles involved someone deliberately lying in court. In these cases, the judges found that fathers were more likely to fabricate the accusations than mothers. Of female-initiated allegations, just 1.3% were deemed intentionally false by civil courts, compared with 21% when the man in the failed relationship brought similar allegations.
"In conclusion, the available evidence refutes the notion that sexual abuse allegations in the context of custody and visitation cases are epidemic, and counters the notion that these cases are commonly reported by a parent who is vindictive or seriously impaired. There is no evidence from the present research to suggest that a significant number of parents are lodging fabricated reports to win custody battles."
For more information see:
Bala, N. & Schuman, J. (2000). Allegations of sexual abuse when parents have separated. Canadian Family Law Quarterly, 17, 191-241.
Brown, T., Frederico, M., Hewitt, L., & Sheehan, R. (1997). Problems and solutions in the management of child abuse allegations in custody and access disputes in the family court. Family and Conciliation Courts Review, 36 (4), 431-443.
Schuman,T. (2000). Allegations of sexual abuse. In P. Stahl (ed) Complex issues in child custody evaluations (pp. 43-68). Sage.
Thoennes, N, & Tjaden, PG. (1990). The extent, nature, and validity of sexual abuse allegations in custody and visitation disputes. Child Sexual Abuse & Neglect , 14(2), 151-63
http://www.zwire.com/site/news.cfm?BRD=1132&dept_id=157671&newsid=20397715&PAG=461&rfi=9
Dallas incest case ends with jail, probation
By: Eric Quade 12/25/2009
Deferring to the expertise of others, Judge Tim Doyle accepted the recommended sentence for a Dallas man convicted of engaging in incest with his daughter and ordered the defendant to serve 8 months in jail as part of an 8-year probationary term.
Mark A. Nordin, 40, had been found guilty earlier this year on one count of incest. A second incest charge was dismissed but read in for sentencing purposes Dec. 15 during court proceedings.
Judge Doyle said that he initially believed this to be a case that warranted prison time, but reports from the Department of Corrections and from a sex offender expert recommended a different tact.
"Can you be rehabilitated? Well, the (pre-sentence investigation report) writer thinks you can be, the writer of the risk assessment thinks you can be and they both know a lot more about that sort of thing than I do," the judge said. "To be honest with you Mr. Nordin, thinking about your case before today I really viewed this as a prison case. I really thought that the seriousness of the offense and the need to protect the public absolutely made this a prison case."
As part of a plea agreement, District Attorney Angela Beranek stood mute for her sentencing argument, but she noted that she was not in favor of a prison sentence for Nordin.
Defense attorney Mark Biller gave the court several reasons why prison should be outside of the court's scope of options in his client's case. One point Biller cited pertained to allegations that Nordin's estranged wife had made against the defendant.
" ... the allegation that at some prior point Mr. Nordin had been utilizing the Internet to try and chat with young people. We're not here to fight that battle, but we'd like to point out that that is information coming from a soon-to-be-ex-wife and all of the emotional baggage that that link's passage brings with it," Biller said. "And rather than treating that as established fact as the (PSI) agent seems to do, I would ask that the court place it within its context."
Although his client denied having sexual contact with his daughter, Biller suggested that the line of questioning that Nordin received might have revealed the real sticking point in this case.
"One thing the court doesn't know about this case because we did wave the preliminary hearing is that, in the course of the investigation, Mr. Nordin was questioned by Investigator (Mary) Dexter. He was adamant in his denial that this (incest) didn't happen, but through her questioning, she led him to the point where he acknowledged that he had been drinking, and he just didn't know," the defense attorney said. "In other words, it might have happened."
Biller said that his client's denial wasn't a flat-out rejection of the state's version of events. It's just that Nordin can't believe that the behavior was within the bounds of his character.
Nordin's solid work history and his record of paying child support regularly were also said to be factors in the defendant's favor.
Still, Doyle said that Nordin's failure to fully admit to his conduct was troubling. The judge said that most people wouldn't engage in that type of behavior even if they were intoxicated. He also noted that the defendant hasn't requested to withdraw his previous guilty plea.
Doyle withheld a prison sentence and ordered the defendant to spend the next 8 years on probation. Some of the conditions include serving 8 months in jail (work release granted), maintaining employment, not using a computer/Internet without probation agent approval, maintaining absolute sobriety, complying with sex offender treatment and registering as a sex offender. Nordin's jail sentence is to begin Dec. 24.
According to the original criminal complaint:
Nordin's daughter, 12 at the time, told a Barron County detective that her father had come home intoxicated one Monday night in late January after playing dartball. The defendant had told the girl how much he missed her mother, pulled his daughter onto his bed and started to touch her inappropriately, despite her objections.
The 12-year-old told law enforcement that a similar incident happened the following day-her father came home with "wobbly" legs and began touching her. The girl said that the defendant then told her to go back to sleep and not tell anyone about what had happened because he would probably be taken to jail.
