Sexual Abuse Allegations in Divorce and Custody disputes in South Africa

[Marius Janse van Rensburg]

Sexual Abuse Allegations in Divorce and Custody disputes in South Africa

 

This article is based upon legal, psychological and social information, gathered during investigations of alleged sexual abuse in protracted visitation and custody battles, where only the most careful research can assist in deciding whether a child is actually at risk, or whether the allegations are in fact true or false.

Child sexual abuse is the most powerful allegation that a parent can make in a divorce case. The Court will respond immediately, putting aside all other traditional complaints such as infidelity, alcohol, drug abuse, lack of economic responsibility, and even mental illness

In divorce and custody disputes therefore, the issue of whether paternal abuse actually occurred, or whether it was fabricated by the mother to gain leverage in Court is ultimately determined by the clinical psychologists, social workers, and child advocates.

However, these disciplines are so overwhelmed by the ensuing problems produced by the divorce epidemic, that they are scarcely scratching the surface in extreme custody cases where they have to decide whether the mother is lying or not. Regardless of the investigator’s professional discipline, the person assigned the responsibility of uncovering the truth, should have the experience and ability to differentiate between fact and fiction, as failure to do so is not in the best interests of the child.

Experience has shown that mothers will always take precedence as the most suitable parent, despite irrefutable evidence to the contrary, and that by preferring to remain in this comfort zone, family advocates are not carrying out their responsibilities by acting in the best interests of minor children. It has been related that custody to a father accounts for a mere 2%. Therefore, it is a sad reflection of the professionals charged with the safety of children, that they continue to place minors at risk simply because of gender bias.

South African Courts are sensitive to child abuse, especially physical abuse. The "battered child syndrome" is taken very seriously, but further investigations reveal that a higher percentage of mothers abuse their child(ren), yet Family Violence Protective orders are issued against fathers without any investigation whatsoever, compounding simmering resentment that mothers are getting away with unacceptable behaviour.

The South African myth that having intercourse with a virgin can cure AIDS has resulted in a sexual child abuse epidemic. Society’s conscience created a moral momentum that profoundly affected the public, professional disciplines, and the legal and mental health professions, and offenders, if caught, are dealt with severely.

It is disturbing that some mothers involved in custody disputes, will use the ills of our society to deliberately discredit a good father, by resorting to false allegations in order to discredit him and gain leverage in Court. It is logical to assume, that if a father is forced to seek legal recourse to maintain the bond he has with his children, and the mother spontaneously begins producing unfounded allegations, the allegations should be viewed in the context of the primary problem, and the accusations of the mother taken at face value unless irrefutable proof is produced.

Exaggerated and bizarre allegations, where little (if any) tangible evidence is present, and which substantially differ from unremarkable statements by children, cry out for investigation and research. Computerized professional literature reveals that similar dynamics in the divorce process in other parts of the world are not purely coincidental to the problems we are experiencing here in South Africa.

Therefore, if a mother is discovered to be making serious allegations of this nature, she should be dealt with as severely as those guilty of the act herself. Abuse of the Family Act is commonplace and unacceptable. Without this nonsense, the real issues of child abuse in South Africa can be dealt with, without wasting valuable court time.

However, the fallout is that every allegation of sexual misconduct in divorce and other disputes are also now viewed with profound suspicion, and lack of rational forethought and unprofessional planning utilized in some cases, has resulted in innocent people being victimized and jailed. False arrest and detention in South Africa is commonplace, which suggests that the waging of uncontrolled war in custody and visitation matters will continue unabated until proper resources are set up to halt the false allegations used to sever the bond between parent and child.

As domestic violence problems gain momentum in South Africa there is a real need for clinics to be set up in Family Courts. The functions should include investigators, child advocates, mediators, and professionals, prepared to act as critical behavioural investigators. The purpose of these clinics should be capable of assessing whether there is a genuine need for judicial intervention as opposed to therapeutic intervention.

 

 

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