Divorced fathers in sexual assault cases

Growing numbers of fathers involved in divorce disputes are being wrongly accused of sexually molesting their children, according to family law experts and mental health professionals who specialize in evaluating reports of child sexual abuse. Although fathers are most commonly named as offenders in such false allegations, the professionals say, unfounded charges are also being made against stepfathers and other men who live with the mothers. The accusing parents, typically mothers of young children, are bringing the charges in the already emotional atmosphere of court contests over child custody. With more and more judges awarding joint custody to parents and even sole custody to fathers, lawyers say many women feel forced to press more vigorously in court for what was once presumed to be their right.

Skip to content. Often in a divorce or child custody matter, one side or the other raises allegations of criminal child abuse. Whether you are representing the accuser or the defendant, these allegations should raise a red flag. Representing the accuser.

False allegations of sexual abuse have become so wide spread in this country during divorce that they have been given a name; the S. Syndrome — Sexual Allegations in Divorce. When a sexual allegation of any kind is made, a very necessary beginning strategy for professionals is to regard their role as clinician-investigators, not clinician-therapists. If they perceive that their first and foremost task in intervention is to therapeutically deal with the impact of the experience upon the child, they are then focusing their behavior on treatment. Treatment processes are not consistent with investigative behaviors that demand objectivity, skepticism, and open-mindedness in gathering data from all sources involved in the situation.

Note: The content of this fact sheet was taken in part from: Cyr, M. Assessing false allegations of child sexual abuse. St-Yves and M. Tanguay, eds. Toronto: Carswell.