What Charges to File for a False Accusor of Child Sexual Abuse?

[NJDad]

Dear Socrateaser,

I live in Camden County, NJ and my Ex and the children live in Burlington County, NJ.

Since our separation, my ex filed about 10 CPS charges against me. Four before our divorce (June '03) and about six more afterwards. All have been dropped except for a new one last month and the one described in the next paragraph.

In November, I was contacted by my county's prosecutor regarding charges of inappropriate sexual contact with my now 5 year old daughter - dating back to a claim filed in early September with CPS. This resulted in a mini-GYN exam on my daughter at a sex trauma center using what I think is called an endoscope. The county prosecutor may let Family Court rule on the sex charge, since it appears that the Ex is an "Angry Spouse".

My divorce/custody attorney and I recently have reviewed the CPS records and found that my Ex lied several times to CPS, the county prosecutor, her own attorney and in her Reply Certification to my Motion for Custody (which I filed this January). Her attorney even contradicted events that my Ex told him in the Judge's chamers the other week.

I want these charges to stop for my kids sake (they are forced to lie but later recant their statements) and mine. My Ex is slandering me to all of the doctors and school officials and to her friends in the neighborhood. My civil attorney wants me to contact a criminal attorney to see what can be done to stop it. My criminal attorney said that I perhaps could file a "filing a false report" charge. This sounds rather weak since, if I were convicted of her false claim, I would have to serve jail time and then be a Megan's Law Tier 1 / 2 Offender for the rest of my life!!

What charges, both civil and criminal, could be levied against my Ex for subjecting our family to this?


Thanks for any and all help,

W

[socrateaser]

The system is stacked up against men, so it doesn't just sound weak, it IS weak -- get over it. If you want change, write your state legislative representatives and demand change.

The problem with the filing a false report charge is that it's hard to get a DA to prosecute because of the cost to the county -- there's just no percentage in pursuing this sort of case.

Your case is for defamation of character, with punitive damages. You may never collect a dime, but you will almost certainly win the case, and at the very least, you will ruin the other person's credit report for the next 10 years.

[NJDad]

Thanks, Socrateaser.

I'm going the State Senator Route. If I can't help my case out, I'm going to try and help anyone else following me.

W.