Horrendous CSA case, abused repeatedly from ages 6-12 (give or take) makes outcry, has good cognitive interview, about one month out from trial has complete break down. Has to be restrained at school and eventually is essentially committed, at least until this coming Monday if not longer.

How best to proceed? Comments? Suggestions?

- AJN

Continuance based on unavailability of necessary witness. (If victim has expectations of recovery.)

Make sure you get the records from the facility. post traumatic stress disorder is realtivle common in child abuse cases. You can probably get her counselor or psychiatrist to testify the breakdown was because of the abuse.

you can make this into a strength...especially if a therapist can assess the situation and say that the breakdown is PTSD from sexual abuse. if the facts are such that child has suffered a mental breakdown from the stress of being sexually abused over this time period, that is great evidence for a jury to hear. another idea would be to request continuance but then go through the procedure to admit the forensic interview.

Also draft a motion for closed circuit (there is a great sample in the TDCAA book, appendix 7-1). Have your therapist or a counselor from the facility where the Complainant is currently placed there to not only testify about the symptoms the child is exhibiting possibly as a result of the abuse, but also to lay an awesome foundation for CC TV. As horrible as it is for your child who has already experienced enough trauma and pain, it certainly doesn't "tank" your case.

-Jen