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Refuting Adverse Experts
It is often amazing how little attorneys (and thus courts) know about the qualifications of experts in the area of allegations of child sexual abuse, and generally in the area of mental health. There are three kinds of professionals who provide expert evaluations and expert testimony in cases of the alleged sexual abuse of children: psychiatrists, psychologists, and social workers. All three professions are subject to licensing in all fifty states.
Major confusion regarding mental health professionals arises with respect to the use of designations such as "psychotherapist", "therapist", "family therapist", "psychoanalyst", "counselor", and "family counselor", which generally, (dependent upon state law), are not protected titles.
The vast majority of evaluations performed in child sexual abuse allegations are performed by a national cadre of partially-educated individuals employed by agencies and generally referred to as "caseworkers". These are generally the folk who perform child abuse investigations.
Who are these people? Richard Gardner has eloquently described them in his book Sex Abuse Hysteria: Salem Witch Trials Revisited (Creative Therapeutics, Cresskill, N.J., 1991):
There is no generally recognized training program for sex abuse evaluators. The field is basically "open territory", some training in psychology, some in social work, and many in various aspects of "social service". Many self-styled "therapists" have absolutely no training at all even in related disciplines...Some of these self-styled therapists have also crept into the sex abuse field, where they serve not only as evaluators but therapists as well. Sex abuse is a "growth industry". Until recently, they tell us, when we were not aware of how widespread the sex abuse phenomenon was, we did not train many individuals who were qualified to conduct such evaluations and provide appropriate treatment. Now we have come to appreciate how limited are the number of people available to take on the monumental task of processing all these cases....Many of these ill-qualified and incompetent people take "courses" in which they are trained by others of questionable qualification....Most sex abuse workers operate in the context of government agency....[pp.46-48].
It behooves the attorney working in the area of false allegations of child sexual abuse to be intimately familiar with the qualifications of caseworkers in your jurisdiction. Are they required to hold college degrees? What exactly is the "in-service" training that these workers receive? We are familiar with one jurisdiction in which protective caseworkers were required to watch the Oprah Winfrey Show as part of their training! The attorney who performs the appropriate homework with regard to the qualifications of agency personnel involved in a case will often be surprised to find out the background of the opposition's "star" expert -- but not as surprised as the court!
[For complete details, see False Allegations Of Child Sexual Abuse: Attorney & Client Desk Reference, Section E: "Refuting Adverse Experts"].
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Child Suggestibility in Child Abuse Cases- Access to comprehensive report and litigation library.
Getting Help From Nichols Consulting - Help with your case is as close as your telephone! Here's what we do and how we do it!
About The Book - Find out why the book, False Allegations Of Child Sexual Abuse, is a MUST READ for anyone falsely accused or any attorney defending such a case in civil or criminal court!
About Edward Nichols - Founder of Nichols Consulting and author of False Allegations Of Child Sexual Abuse, Edward Nichols, MSW is uniquely qualified to help you, and your attorney, to defend against false allegations of child sexual abuse.
Motions Library - A national collection of motions for child sexual abuse cases -- available on CD.
Principles Of Defense - Learn the factors that must be considered in defending against false allegations of child sexual abuse. What principles have emerged from Edward Nichols' national experience in combating false allegations?
Effective Case Management - Learn why the effective "management" of your case is often critical to refuting the false allegations. How do you manage limited funds while dealing with a complex case involving adverse experts? Here's a step-by-step guide to the organization and execution of a successful case.
Assessing The Accused - Edward Nichols has identified twenty-four factors that should be examined in demonstrating that the falsely accused does not fit the profile of a pedophile. Learn how to demonstrate this with the proper use of expert witnesses.
Indicators of Child Sexual Abuse - Learn how the "indicators" of child sexual abuse were misused in establishing the false allegations. Edward Nichols identifies the leading indicators and explains how to demonstrate how they have been wrongfully applied in your case.
Finding Effective Experts - Successfully defending against false allegations of child sexual abuse often requires the hiring of experts to refute the false allegations. Additionally, many times a mental health expert is retained as a trial consultant to assist in preparing the defense. Find out how to find and use an efficient and effective expert.
Using The Research - The backbone of a well presented case, whether in a civil or criminal matter, is the demonstration that the false allegations are inconsistent with the professional research literature. Edward Nichols has conducted an exhaustive literature review and explains how the yields of his work can be at your fingertips!
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