Child Sexual Abuse Report

posted by Edward Nichols, MSW, LCSW-R on Jul 17

Without question the most important thing that someone falsely accused of child sexual abuse must do is to select the right attorney.  While the sexual abuse of a child is clearly a very serious crime, so too are the false allegations of child sexual abuse.  While the law clearly states that one is presumed to be “innocent” until proven “guilty”, in child sexual abuse cases this proof is “turned on its ear”, i.e., there is, in the minds of juries the “presumption” that the defendant is “guilty” until proven “innocent”.  Only the finest and most experienced attorney will do in this situation.

The facts are clear:  There is certainly a difference between defending someone who is “guilty” as opposed to someone who is “innocent”.  This is the difference: When an accused person is guilty the only defenses are technical, i.e. what is or is not going to be used at trial to convict the accused.  When the accused is innocent, the facts are on their side.  It is the “factual” case that will win at the end of the day.

So let us explore this further:  The simple truth is that 95% of those accused of child sexual abuse are, in fact, guilty.  Doing the arithmetic, that would mean that in order for an attorney to statistically represent one person “falsely” accused, he or she would have to represent 19 clients who were in fact guilty.  Most attorneys do not have that kind of experience.

Selection the right attorney, therefore, becomes very difficult.  Add to this the problem of what I call “Internet predator law firms”.  There are so-called “national law firms” that claim to have the best attorneys in the nation.  Often headed by attorneys who are in fact entrepreneurs who have never practiced law, these firms seek out local attorneys who will work “on the cheap”.  Is this what you want?

While these so-called “national” firms are everywhere, there are a number of California firms known for their unethical practice.  One such firm was barred from the Internet after over 70 clients had paid for attorneys who were never paid by the so-called “national” law firm.  No doubt there are those in prison today that made the mistake of sending money to a California firm claiming to be “national”.

So, what is the solution?  For over 25 years Nichols Consulting has been working side-by-side with some of America’s finest attorneys.  We recommend attorneys solely on the basis of their demonstrated abilities.  When we are not familiar with an attorney in your area, we will do the research and interview attorneys for you.  Our national experience has taught us the difference between a bogus, so-called “national” law firm, and the real thing, i.e., an attorney that is experience, honest, and able to work within a team to defend those falsely accused of child molestation.  Don’t settle for anything less.

For more information, give me a call at 1.800.400.8886.

posted by Edward Nichols, MSW, LCSW-R on Jul 16

Once again Nichols Consulting is on the job in Georgia defending a school teacher falsely accused of child sexual abuse in a very complicated matter.  Working hand-in-glove with one of Atlanta’s top criminal defense attorneys, Nichols Consulting has set a proactive agenda designed to prevent indictment and counter the false allegations.

Based on the recent number of false allegations cases reported in Georgia, Nichols Consulting is considering the possiblity of starting a special defense project in the state.  It is very important to counter the false allegations at the investigative level, before criminal charges are made.  Nichols Consulting has amassed an impressive national reputation in terms of achieving this end.

Our methods for countering the false allegations are outlined in our book:  False Allegations Of Child Sexual Abuse, and this book, as well as other valuable materials, are available for immediate download from this site [see sidebar or visit our main site at: www.falseabuse.com .

posted by Edward Nichols, MSW, LCSW-R on May 4

Charles County (LaPlata, MD)

A young 25-year old police officer was charged with third degree sex offenses against 2 teenage neighbors after giving them a ride home from a party because they were drunk.  The case was resolved with Alford pleas to simple assault and a period of probation.  There was no registration and the client will receive a probation before judgment that will expunge his record as soon as his probation is complete.

posted by Edward Nichols, MSW, LCSW-R on May 4

Prince George’s County (Upper Marlboro, MD)

A now 16-year old dysfunctional teenager is accusing her natural father of having sexually abuse her for years.  There is evidence that the father caught his daughter having sex with her older teenage boyfriend.  After the father threw the boyfriend out of the house and told him not to return, his daughter accused him of the abuse.  There is also evidence that the daughter made statements to the DSS social worker that no abuse took place.  Yet, despite that evidence, the prosecution presses on.

posted by Edward Nichols, MSW, LCSW-R on May 4

Baltimore County (Towson, MD)

On appeal is a case involving, as a matters of first impression, the issues of competency and taint as well as the requirement for the state to prove that the alleged abuse took place during the time frame set out in the indictment.

posted by Edward Nichols, MSW, LCSW-R on May 4

Baltimore City, MD

A school teacher was charged in 3 separate cases for having abused 3 children that he had in foster care through his church.  In addition, the family of one of the children filed a civil suit seeking damages.

The 3 criminal cases were disposed of with not guilty verdicts followed by the 2 other cases being nol prossed.  The civil suit was dismissed by consent.

posted by Edward Nichols, MSW, LCSW-R on May 4

Harford County (Bel Air, MD)

A now 24 year old defendant was alleged to have touched a then 12-year old minor staying at his house when he was 19 years old.  He was charged with child sexual abuse and third degree sex offense. 

After a 3-day jury trial, verdicts of not guilty were entered as to both counts.

posted by Edward Nichols, MSW, LCSW-R on May 4

Anne Arundel County (Annapolis, MD)

A 19-year old was accused of anally raping his 2 younger step-brothers over a period of years.  Even though the acts were alleged to have occured when the defendant was a juvenile, he was charged as an adult. These same boys had accused their natural father of the abuse years earlier.  The defense presented 16 witnesses whose testimony contradicted the State’s 3 witnesses.  The case also involved a multitude of legal issues of first impressions

After a 7-day trial, the jury entered not guilty verdicts as to the older step-brother.  The state dismissed the charges related to the other brother the next day.

posted by Edward Nichols, MSW, LCSW-R on May 4

 Montgomery County (Rockville, MD)

A school bus aide was charged with a third degree sex offense for touching a special-needs student.  The court found the child competent, ignoring the modern literature and cases that address competency. At the trial, because the child could not testify as to details of the alleged abuse, the court granted defense counsel’s motion for judgment of acquital. 

An interesting part of the case is that the school bus aide, who was from India and did not have a perfect command of the English language, made a statement to the police making a quasi admission.  The law about uncorroborated confessions was argued effectively and resulted in the court not using that evidence.

posted by Edward Nichols, MSW, LCSW-R on May 4

Nichols Consulting has recently completed a nine-month project in Maryland.  This project has been designed to match up callers to our hotline with a specially trained and monitored attorney.  The results have been great and we are currently in the process of expanding this project nationally.  There are several posts on this blog that report the success that has been achieved in Maryland.  For appropriate legal referral anywhere in America, call our national, 24-hour hotline — 1.800.400.8886