I have an Aggravated Sexual Assault between a 13 yo male and 12 yo male cousins where both were active participants. My victim is a Respondent in a separate incident involving a third, younger victim. The defense lawyer is objecting to our juvenile probation dept.'s standard request for psychological screening and sex offender eval on the grounds that it may be used against the Respondent. Now a second lawyer, hearing of that, refused to sign the standard blanket authorization probation uses in a separate non-sex related offense. Any suggestions on how to proceed would be greatly appreciated.Thanks.

In sex offenses, its fairly easy from my point of view. If I don't have an eval indicating that this perp is OK to be out and about, then my rec is TYC, in light of the serious nature of the offense and the perps unwillingness to be evaluated. If the defense atty wants a different rec then he needs to have his kid pschyed by a therapist that either the court recommends or that I feel comfortable with.
Of couse I understand the defense attorney's reluctance to have his kid talk about the pending offense, but he can admonish the kid not to talk about the offense and still get the kid a decent psych.

For non-sex offenses, its more difficult to play that rough but again if I don't have a psych and I feel that one is needed, my rec is going to reflect that issue.

And not to butt into your case, but won't you have an issue in your 1st level of this case if both your kids are under the age of consent and they were both "active" (I read that voluntary) participants ? Are you cross filing ?

Hey Stacey, thanks fo the reply.
The TYC rec was where I was headed if they refuse the eval.

I had seen in Dawson where it discussed the misuse of info from a psych screening under Human Recources Code 141.042(e) and was going to direct both lawyers to that.

Don't mind any suggestions, so "butting" on a case is not a worry. Cross filing hasn't happened yet, only because I am still trying to figure out what the heck to do with the case. The Resp. asked if the vic wanted to have sex, then blocked the door when vic tried to leave. But alas, sigh, then vic did participate...

Thanks again for your input. John.