The abuse of children can be in the form of Sexual abuse, Physical abuse, Emotional abuse and Neglect. Each of these forms of abuse is devastating to the child. Perpetrators of such crimes should be dealt with appropriately and the child protected from future harm.
It is important, however, that 'we' get it right and that we make every effort to avoid frivolous, scurrilous or mistaken accusations. For there is nothing worse than (a) a child who is abused and (b) a person who is falsely accused of child abuse. It is also very important that the identity of the allegedly abused child be protected from irresponsible disclosure. I submit that this action of disclosure (usually by unethical lawyers and media chaps) has the potential of permanently 'tagging' the index-child. As far as Goa is concerned, it is submitted that the Goa Children's Act is a weird piece of legislation. Contrary to the principles of justice as per Common Law, it expects an accused person to prove that he/she did not abuse a child. I ask: How does one do that? http://www.colaco.net/1/gca2003.htm As per the Goa law, any person can accuse any person of having 'touched the breast of a minor' '(say) one year ago. It may be true or it may be false but How is one to prove this allegation? Importantly, how is one to defend oneself (in Goa) against such an allegation? And what does one do IF there is a lawyer who is willing to try this case in the media, and a media outlet which is unwilling to do due diligence in the matter before going to print? Also, is it important that an accused be given the opportunity to confront his accusers in court? While such "legal actions" attract media attention, minors continue to be seriously molested and life (for the champions) goes on as before. But what about the person who may have been falsely accused? For our reading pleasure - a travesty which has attracted widespread attention. The articles illustrate WHY we must get it absolutely right and to ensure that justice is done - both to the victim and the accused. Quite coincidentally, the first reference is from Toronto and the last from Newton,MA: jc [1] Sexual Assault: The False Allegation by Tushar K. Pain Facing a false allegation of sexual assault is a stressful event. You may be experiencing feelings of shame, embarrassment, anger, and fear. "Why is this happening to me?" "What should I do?" These are common questions that you may be asking yourself. The offence of sexual assault encompasses everything from a simple pat on the bum to forced intercourse. Therefore, the allegations can vary in degrees of seriousness. However, the Office of the Crown Attorney (the prosecutor) takes all allegations of sexual assault seriously. This means that charges of sexual assault are prosecuted even in cases where the evidence may appear weak or questionable. Many sexual assault cases are of the "he said – she said" variety ¾ cases that basically consist of an allegation by a complainant and a denial by the accused. Most people believe that such an allegation must be true. After all, why would someone ever make up such a thing? UNFORTUNATELY, false accusations of sexual assault are not an uncommon occurrence. People do make up false charges and the MOTIVES to do so are wide and varied: jealousy, revenge, attention, and cover up are but a few examples. Sometimes, no motive is apparent. Such allegations can be made by adults or by children. Children’s motives are often tougher to discern. A child may have been subject to influence by an older person with a motive or an agenda. Alternatively, it may be an overactive imagination based on something the child has seen, heard, or experienced somewhere else. more at : http://www.torontocriminaldefence.com/articles/EpZuVVuyEZRcJNijaf.php [2] “I Did It” - False Confessions and Wrongful Conviction False confessions have played a role in 25% of the 259 wrongful convictions overturned through DNA testing to date. An article in New York Magazine this week looks at the case of Innocence Project client Frank Sterling and ways to prevent the injustice of a false confession. more at : http://nymag.com/news/crimelaw/68715/ [3] Hearing Set for Next Week in Willingham Arson Case A Texas state judge will hold a two-day hearing next week in response to the Innocence Project’s request for a Court of Inquiry in the case of Cameron Todd Willingham (left), who was EXECUTED for arson and murdering his children in 2004. Before the execution, a prominent arson scientist notified the Board of Pardon and Parole and the Governor that the critical evidence in the case — the testimony of the fire investigator - was incorrect and based on bad science. more at : http://www.innocenceproject.org/Content/Hearing_Set_for_Next_Week_in_Willingham_Arson_Case.php [4] Boston priest's accuser faces fraud probe; With charges dropped, supporters wants cleric reinstated. Sex-abuse charges against one Boston priest were dropped this week by an accuser who apparently fabricated claims and now faces a criminal-fraud investigation. Supporters of Monsignor Michael Smith Foster now want to know how the priest's reputation can be restored as he joins a handful of clergy wrongly accused in the wake of the Catholic Church's unfolding sex scandal. more at http://www.highbeam.com/doc/1G1-91096882.html .
