3 Rules for the Falsely Accused of Child Abuse & Child Sex Crimes

Rule #1: Nothing you or the alleged victim says is likely to convince the people investigating the allegation that the abuse did not happen. That includes Child Protective Investigations caseworkers with the Texas Department of Family and Protective Services, child advocacy center staff, family advocacy center staff, police detectives, prosecutors, and victim advocates. Their role is to investigate the allegation and protect the child, not to clear the accused.

Rule #2: Talking to child protective investigators, a police detective, or anyone else involved in the investigation without an attorney present is one of the worst things a wrongly accused person can do.

Rule #3: In most cases, an experienced defense attorney will advise you not to give a statement to child protective investigators or the police. Anything you say can be used against you.

But You Are Innocent

Breaking these three rules is common among people who are falsely accused. An innocent person often believes that common sense will win out, and decides to cooperate fully with police and child protective investigators. They give written and recorded statements. They talk on the phone with detectives and caseworkers. They answer questions in an investigator’s office without knowing whether they are being recorded. In the process, they often talk themselves into a corner that is very difficult to get out of.

An interview is one of an investigator’s most important tools for building a case. A person who walks into a child advocacy center without an experienced sex crimes attorney to “tell their side of things” or “clear this all up” is often doing exactly what the investigators hoped. That meeting can produce statements that sound like admissions, or that establish the opportunity for abuse, in the accused person’s own words.

If a detective has already reached out to you, see what to do if a detective calls you.

How an Investigator Can Twist Your Words

An interview may start with questions that seem harmless but are designed to set up later questions. For example, the investigator may ask whether you have ever given your child a bath or changed a diaper. You answer “yes,” because that is a normal part of parenting. Then the questions shift toward other times you may have touched the child’s genital area.

For example, the investigator may ask whether you have ever touched your child’s bottom or genital area. If you say “no,” the next question may be whether you have ever wiped your child after changing a diaper, followed by whether you have ever applied medicine or lotion for a diaper rash. Once you say “yes,” the investigator may become more aggressive:

So you are now admitting to touching your child’s genital area?

You know that any contact was for hygiene only and had nothing to do with sexual intent, and the question confuses you. You might say:

No, not in the way you’re describing.

The investigator may follow up with:

So you are now denying touching your child’s genital area?

Questions about opportunity often come next:

Are you ever alone with your child? Have you given baths while alone with the child? Applied medication to your child without anyone else around? What about the date of the allegation? Isn’t it true that you were alone with your child at that time?

Now the Investigator Has What They Wanted

The falsely accused person may then face an official investigative report that reads something like this:

Alleged perpetrator at first denied any sexual contact with child, but then after questioning admitted such contact. When this inconsistency was pointed out by the investigator, the perpetrator attempted to limit admission of contact by stating that same was done “only while giving baths and applying medications.” Investigator finds alleged perpetrator’s answers to be inconsistent, evasive, and untruthful.

Protect Yourself With an Experienced Sex Crimes Attorney

An experienced sex crimes defense attorney can communicate with investigators on your behalf without giving them evidence to use against you. Investigators cannot twist your words or decide what you “really meant” if you have not given them a statement. Your attorney can also help you decide whether meeting with child protective investigators or the police makes sense in your situation.

In many cases, by the time investigators ask for an interview, the decision about whether to arrest and charge has largely been made, and a meeting is unlikely to change it. For broader guidance, see our articles on false allegations and what to do if you’re arrested in Texas.

Falsely accused of child abuse or a child sex crime in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.

Frequently Asked Questions About False Accusations of Child Abuse

Frequently asked questions about false accusations of child abuse in Texas.

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.