Tag: #falseallegations

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False Accusations False Allegations POLICE

Using false allegation to gain custody

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Using false allegations to gain custody in a legal dispute is highly unethical and can have serious consequences. Custody disputes involve the well-being and best interests of children, and making false allegations undermines the integrity of the legal process and can harm the individuals involved, particularly the children.

Family courts prioritize the best interests of the child when determining custody arrangements. Making false allegations can lead to unnecessary investigations, prolonged legal battles, and emotional distress for all parties involved, including the children. It can also damage the credibility of the person making the false allegations, which may have long-term implications for their ability to maintain custody or visitation rights.

Courts generally frown upon individuals who manipulate the legal system by making false allegations. If it is discovered that someone has made false allegations with the intent to gain custody, it can have significant consequences. This can include loss of credibility in court, potential legal penalties, such as fines or sanctions, and even a negative impact on future custody decisions.

It is essential to approach custody disputes with honesty, integrity, and a focus on the best interests of the children involved. Providing truthful and accurate information to the court, along with any evidence that supports your case, is the most ethical and effective approach to seeking custody.

 © Linda C J Turner

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False Accusations False Allegations POLICE

Giving false allegation to the police

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Making false allegations to the police is a serious offense and can have severe legal consequences. Falsely reporting a crime or providing false information to the police undermines the integrity of the justice system and can divert valuable resources away from legitimate investigations.

In many jurisdictions, knowingly making false allegations to the police is considered a crime. The specific charges and penalties can vary, but they often include offenses such as false reporting, false statements, or obstruction of justice. If convicted, individuals may face criminal charges, fines, and even imprisonment.

Making false allegations can also harm innocent individuals who may be wrongly accused and subjected to unnecessary investigations or legal proceedings. It undermines the trust between the community and law enforcement, potentially leading to difficulties in addressing real crimes and maintaining public safety.

It is crucial to approach interactions with the police honestly and responsibly. If you have concerns or information to report, it is important to provide accurate and truthful information to allow the police to carry out their duties effectively and efficiently. False allegations can have serious consequences, both for the person making the false report and for the individuals involved in the investigation.

 © Linda C J Turner

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#MeToo False Accusations False Allegations POLICE

The Dark Side Of #MeToo

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Dershowitz recounts his side of the story in the book Guilt By Accusation: The Challenge of Proving Innocence in the Age of #metoo. His case is particularly interesting because it started before the #metoo movement and continues today. When asked if he noticed a difference between perception before and after, he said it was very noticeable. “There’s no question. Before the #metoo movement, I had won. It had gone away. I had the submission, I had the tapes, the recording, the emails, I had a full investigation by the former head of the FBI who said it was false, I had a judge who struck it [down], the lawyers had withdrawn it…it was over! It was completely over. And then the #metoo movement came, and suddenly it was resurrected.”

https://www.forbes.com/sites/karlynborysenko/2020/02/12/the-dark-side-of-metoo-what-happens-when-men-are-falsely-accused/?

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#MeToo False Accusations False Allegations POLICE

Woman jailed for four years

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A 43-year-old woman who made false allegations of rape and sexual assault against three social workers, a solicitor and a senior garda has been jailed for four years.

Judge Catherine Staines described the victim impact statements in the case as the “most harrowing” she has ever read, as she sentenced Sonya Egan, of The Lawn, Lios Cara, Kileens, in Co Cork, at the Circuit Criminal Court today.

Egan had pleaded guilty in February to eight counts of making false statements and six counts of making false reports against six men and three women on various dates between 2016 and 2021.

https://www.rte.ie/news/courts/2023/0517/1384177-sonya-egan/

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False Accusations False Allegations POLICE

Obtaining and disclosing pre-trial therapy notes

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The investigator should ask the victim whether they have received therapy since the incident occurred? If so, the investigator should inquire what therapy was obtained and whether the incident was discussed. The investigator should make and retain an accurate record of this conversation.

If therapy has been received move to step 2

If no therapy has been received, then the investigator must confirm the position in the Information Management Document (IMD) or equivalent document and must communicate this to the prosecutor. The prosecutor must confirm this in the Disclosure Management Document and serve this on the defence prior to the Plea and Trial Preparation Hearing. The police should make it clear to victims that their wellbeing is paramount and that they are free to obtain therapy at any time if they wish to do so and therefore this position may change and should be kept under review.

Step 2

Is it a reasonable line of inquiry to review the therapy notes? If the case is pre-charge, the investigator should consider obtaining Early Advice to discuss the position with a prosecutor. Access to therapy notes can only be requested in an individual case when it is a reasonable line of inquiry that may reveal material relevant to the investigation or the likely issues at trial. There must be a properly identifiable foundation for the inquiry, not mere conjecture or speculation.

If it is a reasonable line of inquiry move to step 3

If it is not a reasonable line of inquiry, then the investigator must confirm the position in the Information Management Document (IMD) or equivalent document and must communicate this to the prosecutor. The prosecutor must confirm this in the Disclosure Management Document and serve this on the defence prior to the Plea and Trial Preparation Hearing. The police should make it clear to victims that their wellbeing is paramount and that they are free to obtain therapy at any time if they wish to do so and therefore this position may change and should be kept under review.

Step 3

If it is determined that obtaining therapy notes represents a reasonable line of inquiry, then the police should speak to the victim prior to approaching the therapist. The police should seek the agreement of the victim and inform them of their right to object at any time to the processing of their data. The conversation should be evidenced and communicated to the prosecutor.

If agreement is provided move to step 4

If agreement is not provided, then the investigator should explain clearly to the victim why the therapy notes need to be obtained and the potential implications if the notes aren’t reviewed. If agreement is still refused, consider the principles in the Attorney General’s Guidelines on Disclosure 2022 and consider whether the evidential test within the Code for Crown Prosecutors can be met. The key question is whether the defendant can have a fair trial?

https://www.cps.gov.uk/legal-guidance/pre-trial-therapy

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False Accusations False Allegations LINDA C J TURNER POLICE Q & A with #LindaCJTurner

Q & A – What happens when my child discovers the truth?

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If you have made false accusations about your child’s father and your child finds out, it can be a very difficult and complex situation to navigate. It’s important to take responsibility for your actions and apologize to your child and their father if appropriate.

It’s also important to seek support from a therapist or counselor to work through any underlying issues that may have led you to make false accusations. This can help you understand your behavior and work towards making positive changes in your relationships with your child and their father.

It’s worth noting that making false accusations can have serious consequences, both for your child’s father and for you. Depending on the nature of the accusations and the legal system in your country, there may be legal repercussions such as defamation or perjury. It’s important to seek legal advice if you are facing such consequences.

Ultimately, being honest with your child and taking responsibility for your actions is the first step towards repairing any damage that may have been done to your relationship with your child and their father.

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False Accusations False Allegations LINDA C J TURNER POLICE Q & A with #LindaCJTurner

Q & A – I have been accused of date rape?

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A false date rape accusation occurs when a person makes an allegation of date rape against someone, but the allegation is not true. Date rape refers to non-consensual sexual activity that occurs between two people who know each other, such as on a date or at a social gathering. False accusations of date rape can have serious consequences for the accused individual and can undermine the credibility of genuine victims of sexual assault.

There are many reasons why a person may make a false accusation of date rape. Some common reasons include seeking revenge or retribution against the accused individual, trying to cover up consensual sexual activity, or seeking attention or sympathy. False accusations of date rape can also be made for malicious reasons, such as to ruin someone’s reputation or to gain some sort of advantage.

It is important to note that false accusations of any kind of sexual assault, including date rape, are a serious offense and can have severe legal, social, and emotional consequences for both the accused individual and the accuser. Therefore, it is crucial to approach all allegations of sexual assault with sensitivity and care, while also ensuring that due process is followed and that the rights of both parties are protected.

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False Accusations False Allegations POLICE

Drink spiking and the drama queen

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A false accusation of drink spiking occurs when a person falsely claims that their drink was spiked with drugs or alcohol, even though this did not occur. Drink spiking is a serious offense that can result in significant harm to the victim, and it is important to take all reports of drink spiking seriously. However, making a false accusation of drink spiking can also have serious consequences for the accused individual.

False accusations of drink spiking can be made for a variety of reasons. Some people may make false accusations as a way to explain their behavior or to avoid responsibility for their actions. Others may make false accusations out of a desire for attention or sympathy, or to seek revenge against someone they believe has wronged them. False accusations can also be made as a form of harassment or to damage someone’s reputation.

It is important to note that false accusations of drink spiking are a serious offense and can result in legal consequences for the accuser. Moreover, false accusations can undermine the credibility of genuine victims of drink spiking and may discourage people from reporting incidents of drink spiking in the future.

Therefore, it is important to take all allegations of drink spiking seriously, while also ensuring that due process is followed and that the rights of both parties are protected. It is also important to provide support and resources for genuine victims of drink spiking to encourage them to come forward and seek help.

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False Accusations False Allegations POLICE

Making false accusations of rape is like signing someones death warrant

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False accusations of rape can have serious consequences for the accused individual, as well as for the broader society. While it is important to take allegations of sexual assault seriously and provide support to victims, making false accusations can harm the credibility of genuine victims and lead to wrongful convictions.

Accusations of rape can have a profound impact on the accused individual’s life, including damage to their reputation, emotional distress, loss of employment opportunities, and even imprisonment. In some cases, false accusations can result in wrongful convictions, which can be devastating for the accused and their families.

Moreover, false accusations of rape can undermine the efforts to combat sexual violence and create a culture of fear and mistrust between men and women. It can also discourage victims from coming forward and seeking help, for fear of being disbelieved or stigmatized.

Therefore, it is important to take all allegations of sexual assault seriously, while also ensuring that the accused individual’s rights are protected and that due process is followed. False accusations of rape should be condemned and punished appropriately to deter such behavior and safeguard justice for all involved.

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False Accusations False Allegations POLICE

Fake Witness Statements

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If you can prove that a third party has written a false witness statement or made a false allegation against you, you may be able to take legal action against them. The specific legal options available to you will depend on the circumstances of your case and the laws of the UK. Here are a few steps you could take:

  1. Contact the police or relevant authorities: If the false statement or allegation is related to a crime, you can report it to the police. They may investigate the matter and bring charges against the person responsible.
  2. Seek legal advice: You may want to consult with a solicitor or legal advisor who can help you understand your legal options and advise you on the best course of action.
  3. Consider pursuing a defamation claim: If the false statement or allegation has caused damage to your reputation, you may be able to bring a defamation claim against the person responsible. This would involve proving that the statement or allegation was false, and that it caused you harm.
  4. Gather evidence: It is important to collect evidence that supports your case. This might include documents, witness statements, or recordings that contradict the false statement or allegation.
  5. Take action: Depending on the circumstances, you may be able to take legal action against the person responsible. This could include pursuing criminal charges or filing a civil lawsuit.

It’s important to note that each case is unique, and the steps you take will depend on the specifics of your situation. Seeking the advice of a legal professional can be helpful in determining your best course of action.