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Red Flag or Red Herring?

By Lawrence Jay Braunstein

You've just arrived at your office on Monday morning after an unusually restful weekend. Before you even have a chance to take off your coat, you are advised that Mrs. Jones, a client involved in a contentious divorce and custody battle, is on the telephone, and is pleading to speak to you immediately. You pick up the phone and she tells you that her 4-year-old daughter, who has just returned from a visit with her father, has a red and irritated vaginal area, and says that her that the father touched her genitals during the weekend visitation. Your client further advises you that she took the child to the Emergency Room for an examination, and was advised by the hospital staff that they were required to report these allegations of sexual abuse to Child Protective Services. Your client wants to know what to do next, how these allegations are going to impact the divorce and custody case, and whether she will be accused of making up these allegations.

Sound familiar? In order to attempt to answer your client's questions regarding whether these allegations will be believed, a review of the literature dealing with allegations of sexual abuse within the context of divorce and custody litigation, and the prevalence of false allegations of sexual abuse, is necessary.

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