Using Rule 11 Sanctions to Punish Accusers Who Make False Allegations of Child Sexual Abuse in Custody and Divorce Cases

• Published date: 01 January 2019
• Date: 01 January 2019
• DOI: http://doi.org/10.1111/fcre.12400

STUDENT NOTES

USING RULE 11 SANCTIONS TO PUNISH

ACCUSERS WHO MAKE FALSE ALLEGATIONS

OF CHILD SEXUAL ABUSE IN CUSTODY

AND DIVORCE CASES

Elyse Sheehan

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway

custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, com-

parable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sex-

ual abuse.

Key Points for the Family Court Community:

•Changes in divorce and custody laws have created an environment that makes false reports of child sexual abuse in

divorce and custody cases more likely.

•False allegations of sexual abuse are often reported after the child returns from a visit with the non-custodial parent.

•A parent falsely accused of child sexual abuse undergoes financial and emotional harm.

•A parent falsely accused of child sexual abuse can cause them to suffer a loss of reputation.

•False claims of child sexual abuse have lasting effects on the child because s/he can be separated from the parent

accused of child sexual abuse while cases are pending.

•Family courts are overburdened and false allegations of child sexual abuse can overload the court system with frivo-

lous applications.

Keywords: Allegations; Best Interests of the Child; Custody; Divorce; False Accusation; Family Court; Rule 11; Sanctions;

Sexual Abuse; and Visitation.

I. INTRODUCTION

In July 1990, Karen B. and Clyde M. entered into a cou rt-ordered cu stodial agree ment for their

three-year-old daughter, Mandi.

1

In September 1990, Karen (the mother) filed a petition to mod-

ify the order and requested that Mandi’s visitations with Clyde (the father ) be supervised .

2

Karen

alleged that Mand i revealed that Clyde allege dly put his finger in her vagina.

3

According to

Karen, Mandi referred to her father’s penis as his “dinkie”and explained to her that daddy’sdin-

kie “got bigger”and “stuff came out”of it.

4

Mandi, referring to her own private part as her

“peer,”allegedly told Karen that Clyde put h is finger in her peer.

5

Mandi also allegedly told

Karen that it hur t, but when she cri ed and told Clyde to sto p, he responded th at he could do what

he wanted.

6

The alleged incident was reported to the county Department of Social Services (DSS), who then

investigated the allegation.

7

A therapist trained in child sexual abuse interviewed both Mandi and

Karen.

8

The expert observed that the mother showed no signs of emotion during her interview and

Corresponding: esheehan1@pride.hofstra.edu

FAMILY COURT REVIEW, Vol. 57 No. 1, January 2019 121–135

© 2019 Association of Family and Conciliation Courts