My Love Of The Law

False Allegations Of Child Molestation And Assault Against A Teacher: How These Personal Injury Injustices Should Be Handled

by Alan Medina

When you are a teacher, you are entrusted with the welfare and safety of children. While most teachers would never dream of molesting a child or having a sexual encounter with a child, it does not stop the flow of false allegations against teachers. For this reason, you need to take every precaution and every possible legal action to protect and defend yourself when one of your students accuses you of these heinous crimes. Here is how your personal injury lawyer will advise you to handle these false allegations and accusations.

Get a Full Psychological Exam

In many cases, the prosecuting lawyer may attempt to prove that you are not mentally well, and this is the basis for inappropriate contact with a minor. If your lawyer has not already advised you to do so, or if the court has not already ordered you to do so, get a full psychological exam. This will rule out any arguments made by the prosecutor that you are "mentally unwell" and then the possibility that you would even have contact with a minor becomes somewhat doubtful. Any doubt that can be cast onto your situation is a good thing, since it has to be proven beyond a shadow of a doubt that you did what you were accused of.

Utilize Any Testimony and Witnesses That Were Present on the Day in Question

When a child accuses a teacher of molestation or inappropriate sexual contact, you need to rely on every source you have to disprove the allegations. This is why many teachers in many school districts now are not allowed to enter a bathroom with children without another teacher standing watch at the door. If the child accuses you of things that did not happen in the bathroom, the other teacher can provide testimony that the incident did not occur. If the child says the incident happened anywhere else on school grounds, be sure to check all school camera footage (if available) and all online activity that points to your whereabouts on the day in question. The more testimony, witnesses and documentation you have to disprove the claims, the easier it will be to disprove the allegations.

File a Countersuit

Since allegations and accusations of this type seriously affect your career and employability as a teacher, you need to file a countersuit. A countersuit in these cases often shows that you are fiercely protecting your innocence in the matter, and protecting your career as a teacher too. If you win both your case and your countersuit, you may be entitled to compensation equal to that of your lost wages during the hearings or trial, and may also be entitled to pain and suffering since your case will undoubtedly draw media attention and much public humiliation.