SAID Web Page - Sexual Allegations In Divorce

Lying under Oath

Under the Civil rules of evidence you don't have the right to claim the 5^th Amendment, which is probably why the legislators chose to deal with Domestic Violence legislation as they did. They know full well that when it comes to domestic disputes there are seldom witnesses to confirm or deny accusations. By placing Domestic Violence Act under civil actions they put men at a disadvantage with the current stereotypes of today. Trying to say an accusing woman lied in a civil action is like trying to say a policeman lied when he gave you a traffic citation. Your only protection is to have an experienced lawyer who knows how to ask questions in such a manner as to expose the deceptions and inconsistencies of a false accusation. In the State of Maryland, there are no laws against filing a false report of Domestic Violence or Child Abuse, it is perfectly legal for women to file these charges without any fear of legal consequences. They are literally above the Law.

There are some an old adages that ring true in the area of lying. You lie once, you lie twice. You don't have to remember anything if you tell the truth. A liar does not know when to stop lying and when they do finally realize they need to start telling the truth, it is too late. The seductive thing about lying is that at first it is a very successful strategy, however, like anything else it can be overdone. The place where you will most likely be able to prove lying will be in the financial area where you have documented hard evidence of facts and where your lawyer trips her up under question in lying by omission.

Lying by omission, deceptive testimony that leaves out material facts that would otherwise lead someone to a different conclusion. Questioning during hearings and depositions need to verify every assumption, such as a charge of locking a door for false imprisonment. Questions need to be asked such as did you see the door locked, how did he lock the door, was his body between you and the door when he locked it, did you try the door, how did you leave the room, get the exact details. A woman may attempt to claim rape even when there was no intercourse, questioning by your lawyer must ask about the actual commission of the rape and prior sexual history between you and your partner. Lying/Suggesting by omission of important details goes to the heart of the false accusations.

Lying by co-mission, giving false statements, blatant lying. For the most part, blatant false statements will probably only be provable where money is concerned.

I don't recall is a favorite way to avoid answering a question that someone is trying to evade telling the truth. Each judge's reaction is different to this kind of response. When confronted with this type of evasive answer, your lawyer needs to repeatedly ask questions that will elicit this same response in order to get the judge to recognize a pattern of deception. The lawyer needs to make an issue out of it.

An important note when your lawyer uncovers a false testimony. Be aware that the judge will not automatically charge the person with perjury. According to the agreement between the Montgomery State’s Attorney’s Office and the judges, no one in a civil case will be charged with perjury unless a judge refers the case to the State’s Attorney. Montgomery County Bar Association Civility Commission You can have all the evidence and witnesses you want, unless the judge is willing to refer the perjury charge, the State’s Attorney will not prosecute. The biggest hurtle is to convince the judge that making a referral for perjury will not "chill" the environment for women to come forward. Your lawyer must have a compelling reason why perjury must be charged, you must show the true viciousness of the motive, i.e. revenge, greed and cruelty. If your lawyer can not establish the motive, there will be no referral. This is why it is essential to produce character witnesses showing the negative disposition of the witness committing perjury.

Family Law is an area of the legal system where gender determines who will be charged with violations of the law and who will be found guilty. This holds true for perjury, rape and domestic violence matters. The rules are systematically bent as to insure that women have the advantage in a legal dispute.
"When I use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean - neither more nor less."

"The question is," said Alice, "whether you CAN make words mean so many different things."
"The question is," said Humpty Dumpty, "which is to be master - that's all."

L. Carroll, Alice's Adventures in Wonderland and Through the Looking Glass, 169 (Bantam Classic Ed. 1981).

Article, Become a Human Lie Detector by Marty Nemko

Article from the BBC "Detecting Lies"

Article, "Detecting Lies" by Elizabeth Hardy

Article, "Liar, Liar, Nose on Fire" by Dr. Gifford-Jones

Article on characteristic signs of lying from Orlando Moure

Avoiding the Relapse, Catching Your Inner Con, self help website

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