What are the most important factors in the early stages of defending a false allegations case?
Our national experience has shown that the formulation of an effective theory of the case is clearly the most important factor in the early stages of defending false allegations. Understanding what juries will believe in these kinds of cases has proven to be both an art and a science. Nichols Consulting has the training and national experience worthy to the task.
For example, conviction after conviction has shown that the following theories fail time and again:
The complaining witness is a liar. Juries believe that while children will lie about a great number of things, sexual abuse is not something they would lie about.
The mother is a vengeful, manipulator who has put the child up to the allegations. Juries do not believe that mothers will, and even if so disposed, that mothers can, orchestrate these kinds of allegations. Putting motherhood on trial is simply not a good idea.
The mother was sexually abused as a child and thus she has orchestrated the allegations. Making a mother a victim and then attempting to vilify her is likely to score few points with a jury.
The state’s expert, or interviewer, intentionally tutored the child into making the allegations. Juries have a much higher regard for mental health professionals and caseworkers than defense lawyers do. This conspiracy theory is rarely, if ever, accepted by juries in these cases.
In the formulation of a plausible theory, from the jury’s point of view, subtlety counts for everything. Nichols Consulting will efficiently assist you in the development of a theory of the case that most assures you of a successful result. Next Question