3 - Litigation Against the Accuser
Published online by Cambridge University Press: 19 July 2009
Summary
It is indisputable that being labelled a child abuser is one of the most loathsome labels in society and most often results in grave physical, emotional, professional, and personal ramifications … Even when such an accusation is proven to be false, it is unlikely that social stigma, damage to personal relationships, and emotional turmoil can be avoided. In fact, the harm caused by misdiagnosis often extends beyond the accused parent and devastates the entire family. Society also suffers because false accusations cast doubt on true claims of abuse and thus undermine valuable efforts to identify and eradicate sexual abuse.
Introduction
Those accused of child abuse, but who maintain their innocence, may seek compensation from those who have initiated the allegations or acted upon them (e.g. medical professionals or those working in social welfare or child protection services). The damage for which compensation is sought may vary from psychiatric injury or distress to damage to reputation or economic losses in the form of lost remuneration or forfeited career opportunities. To this end, the alleged abuser may consider bringing proceedings asserting, for example, that doctors have provided an inadequate standard of therapeutic care or that local authorities have negligently or maliciously conducted their investigations into the alleged child abuse. Such claims may sound in malicious prosecution, defamation or the tort of negligence.
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- Information
- Compensating Child Abuse in England and Wales , pp. 144 - 198Publisher: Cambridge University PressPrint publication year: 2007