Information Can Hurt, Especially If You Don't Give It To Your Lawyer
Information Can Hurt, Especially If You Don't Give It To Your Lawyer
Copyright (c) 2010 Lucille UttermohlenWhose case is this anyway? I didn't ask that, but I was sorely tempted. After all, when someone gives me their hard earned money to help them with a legal issue, I expect them to show some interest.My client came to me complaining that he was sure his 4 year old son was being sexually abused. The little boy was wetting his pants, and trying to hump his little brother. He said that a big boy had had him "suck his winkie", and so his father and grandmother assumed something was happening in his life.The mother hadn't done anything about the abuse because she thought the perpetrator was only six years old, and that nothing would be done about it anyway. She didn't know why her son tried to perform the same service on a younger child the week before, but since it was between kids, she was sure it was harmless fun. I called her as a witness so I could get more details. The judge told her about the fifth amendment, and she decided not to testify. The judge did grant temporary emergency custody of the child to the father.As we were about to leave the courthouse, the mother casually mentioned that the welfare department was expecting her and the little boy for an appointment, and she wasn't sure what to do. I told my client to cooperate, and keep the appointment. It was obvious that an investigation needed to take place.The welfare department would not send me its report. I was informed that a copy of it had been sent to each of the child's parents. I called my client right away to tell him I needed to see the report. His response? "I got it a couple days ago, but I haven't read it yet."At this point, I would normally sigh, and remind myself that the client has to be at least as interested in his own case as I am. If he ignores my requests for documents, phone numbers and addresses, I can't be as helpful as I'd like to be.Things are much different when a child is involved. The thought that a four year old child could know anything about oral sex makes me want to scream. After all, he learned it somewhere, and I can't imagine that a six year old's instructions about sex would be adequate to inspire the behavior he exhibited. Even if it was, someone should find out who educated him.The court scheduled a hearing to determine whether the child should be returned to his mother. I finally got a copy of, and read the welfare department's report. It seems that my client has made a career out of reporting the mother as a child abuser. All the same, both she and the father agree that the child has passed on his sexual knowledge to another child, and he had to learn about sex from someone.There are times in this profession when I think neither side should win the case. When the parents are hiding information and are so hateful about each other, I have to question their competence to make good decisions for their children. This case is definitely an example of one of those times.
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