No Justice

Court report as observer in custody hearing involving child victim June 2007

In June 2007 I attended a court hearing solely as an emotional support for a grandmother who was petitioning to obtain custody of her young autistic grandchild. The child had disclosed sexual abuse to the grandmother several times over a period of time. As with most child victims, this disclosure was initially accidental in nature but later the child revealed details that left no doubts in the grandmother’s mind regarding the abuse. The abuser already had a history of being a perpetrator of domestic violence. The child is still living with the abuser. We spent the entire day in a heated battle between the lawyers of the grandmother and the father in this courtroom. I was so appalled by what I witnessed in this courtroom. I came out so upset that I was shaking. How could adults be so totally uncaring and apathetic to the cries for help of this autistic child and his grandmother. I read all the reports and letters she had written in an attempt to have an investigation done – afterwards I could not sleep all night they upset so badly. I could not believe no one would even investigate this case. Any disclosures made to this grandmother by the child victim were not allowed into evidence in the hearing. They were considered hearsay evidence and it was not allowed to become part of the body of evidence. Since this was THE most important evidence, the grandmother could not get custody. She was actually ridiculed on the stand. The decision was based primarily upon the report by the Guardian ad litem (GAL). This really bothered me considering the GAL was unable to talk to the high functioning autistic victim. He also did not talk to the other child involved in the allegations. The GAL claimed he was unable to communicate with the victim, however, he could have contacted an expert to do this. The child is very intelligent and could communicate; he was just afraid and shy. He never contacted a witness – a stranger – who had witnessed physical abuse of the child by the perp in a parking lot. He didn’t remember when he opened the case. He didn’t know the age of the victim or the other child. He couldn’t remember what he wrote in his report. Apparently this lawyer has about 150 GAL cases and cannot keep track of them all. He was also the person who initially recommended placing the child in the home with the abuser – so there was a definite conflict of interest. He did not appear impartial either. Several times during the trial I noticed him looking at the other party (and his family) and snickering when the grandmother was testifying. The grandmother did not get custody. The child is still in the home with the abuser. The grandmother has a court order for visitation but the perp has refused to allow her to do so since the child disclosed the abuse. I sat with this wonderful, very gentle-spirited grandmother after the hearing and had coffee. We both felt devastated. I hurt for her. I hurt for the child who is scared and left alone now with a perpetrator after disclosing. I hurt for the child who loves his 1

grandmother and does not understand why he cannot see her. I cried most of the way home that day. Someday someone will listen to these children. They will have a voice in the courtrooms. Their stories will be told. Someday they will be seen as valuable by our system. I met with the grandmother awhile back – an impromptu meeting in my van. I tried to encourage and comfort her. We discussed strategies for trying to protect this child. She is in the process of appealing the case. We read a passage from the Bible that gave us hope and reminded us that if God is for us, who can really be against us. God knows the truth. I pray for this little autistic boy that God will somehow keep him safe. I think of the grandmother often who cannot sleep at night in fear for this child. Patty

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