Families of SOs Community Group
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A child can act out the abuse on others to show what they are going through. As a way of telling someone what is happening to them.
You'd be surprised how many "parents" just write the offending child off.
I will never understand that.
And I agree that often a child will "act out" abuse they have experienced. To me, it's a cry for help
Regardless, it's a cry for help
If you go to a therapist, counselor, or anyone else who is licensed in the mental health field, they are mandated by law to report this incident to law enforcement.
KEEP LAW ENFORCEMENT OUT OF THIS!!!!!! Trust me, getting law enforcement involved will just open another can of worms. If you think you have problems now, you have not even seen problems until the cops get involved.
The legal authorities ARE NOT your friend. They do not give a damn about your daughter, your son, or your daughter.
IT IS ALWAYS A BIG MISTAKE TO GET THE COPS INVOLVED.
If they get involved, your son will probably be adjudicated for the incident and will intimately be a sex offender, possibly on the public registry, with all the rules and stipulations other sex offenders deal with.
You sure as hell DO NOT want a family member on the sex offender registry.
If there is any way possible, this needs to be kept within the family, and handled by the family. Is there possibly a person you trust who does not have a medical license that you might talk to?
The law in most states obligate a licensed therapist or psychologist (also medical doctor) to report any suspected abuse, but that same law does not state that "trusting friends" or a family member who might have some experience in counseling must report anything.
Yes, your son needs help; your daughter needs help. But not the kind of help the authorities will give. That is not help.
Here is what I would do----I would retain an attorney. The only two states that I know for sure that require an attorney to reports suspected child abuse, Texas and Mississippi. Most state statutes do not mention or exclude attorneys for reporting abuse.
Hiring an attorney will give you some protection with the attorney-client privilege. This privilege is one of the cornerstones of the legal profession, and I don't think any law can force this to be breached. An attorney could never effectively represent his client if his client feared telling details to the attorney for fear of rebuttal.
I believe the attorney-client privilege would out weigh any requirement that the lawyer would have to report the crime.
I am not a lawyer, so if anyone else here can weigh in, by all means please do. But I think my reasoning is based on sound legal principles.
Make sure you RETAIN the lawyer so he will be bound by the attorney-client privilege.
This is a very complicated dilemma and hiring a lawyer will be your best course of action. Relate to him all the facts and ask him for advice.
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I still say that retaining an attorney to represent your family is the only feasible solution. To be safe, I would choose a good lawyer (word of mouth is always good), call him up, and just lay the cards out on the table before retaining him.
I would not mention names or the fact that your son or daughter is involved just yet. I would tell him that there is some suspected child abuse within the family, and ask him if he is compelled to disclose anything you tell him regarding that abuse if you retain him. That is the only way I know to handle it.
I just cannot imagine that the courts would force an attorney to breach the attorney-client privilege in this case. It is true that an attorney must report it if a defendant tells him he is planning a crime, but in this case I would think you would be covered by the privilege.
We sure need AdamParker to read this, as he is indeed an attorney. He could give you better advice than I can.
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Aside from that.....I just wanted to say I am so so so sorry that your family is having to go through this. Your strength of deciding not to go to the authorities with it is admirable, because it shows you really care about your children, and you're not just giving the problem away to the law to handle. I wish I could say that the law would do right by all of you....but it won't. The umbrella of who is a sex offender is too large and once those two words get brought up, your son would be stigmatized and no one would see him for anything else besides an offender. (((hugs))) to all of you and I will keep you in my prayers that the Lord gives you guidance and peace and understanding and His will be done.