Recently I had a case where a client came in to me and he just broke down crying. He didn't say much, and once he got able to compose himself, he told me how he was accused by his fianceé's daughter of sexually abusing the child, and he was devastated. Absolutely devastated. We talked about the allegation. We went through the evidence and what was being said and what wasn't said, and as the story developed and we made a plan, it was abundantly clear that this allegation, which was made by this young child, was something we really needed to look into. We started talking to everyone and everybody. We started to put together a timeline. We started to put together records from medical and from school, collaterals of different neighbors, what had or had not happened. But when it all was said and all was done, it came down to a couple of things. The child said she walked in on my client, and he was going to the bathroom. Their bathroom had a door where you go in and then you take, after about four or five feet, a sharp right, and the toilet's hidden. You can't see the toilet, and therefore you can't see somebody going to the bathroom. The daughter said she walked in the bathroom, never went past the threshold, and could see him. That's physically impossible, which we proved to DCF. She also said he had taken her to a jewelry store to get her jewelry. This person works six days a week, 10 to 12 hours every day. We corroborated through all the witnesses and all the people that on the day in question, it was a Monday, he was at work. We got his timecard and affidavits from coworkers and his boss, as well as from other family members, that he was never with that child that day. Lie number two. The child also said she was alone with him all the time. Easy to disprove again, because the cards from work show that he was in work six days a week. Could not have been with her. The one day that he had off on Sunday, the mother was always with the daughter, always with the daughter. Unfortunately for this child, the one day that she claimed that he had sexually abused her, there were numerous adults in the home that corroborated my client's story and disproved this daughter's story, because on that day in particular, she went to the beach with her mother the whole day. Was nowhere near my client. The reason we know that is the following day she went to the doctors, and the doctor talked to them. It was in the medical records, how she talked about going to the beach the day before. You can't make this up. We reached from many different evidentiary sources and witnesses and affidavits to build a timeline, to show that the child's story could not have happened and didn't happen. My client in the end was able to overturn, reverse, the allegations of sexual abuse. He said to me, "Kevin, it was the happiest day of my life when that happened." What he had was a fianceé who he loved very much, and if the allegation of sexual abuse had stood, he could never have stayed with her, because she had children. That was what he was fighting for, not only to overturn the allegations, but to fight for his relationship and his love for his fianceé, and her children who loved him very much. He had never had anything against him, not a criminal record, not a DCF involvement. He'd not even got a speeding ticket. But when there's an allegation of sexual abuse, DCF has no choice. They not only have to interview, but they have to send the allegation to the district attorney's office. In this case, no criminal charges were ever drawn up. The DA never took any action, because DCF in the final analysis unsupported this allegation of sexual abuse.

To know your legal rights, visit Attorney Seaver's website: https://www.seaverdcflawyer.com/​

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