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Should I use audio tape evidence?

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Lostridgegirl

Junior Member
What is the name of your state? Wisconsin

My ex-husband and I have 50/50 custody. Over the past 4yrs my daugther has been coming home telling me strange stories of what has been happening at my ex's house. I won't get into all of them, my current husband told me that maybe I should start audio taping my conversations w/ my daugter because over time we keep forgeting things and we should start keeping records of all of this "strange" behavior. My daughter likes to have us talk about things before she goes to bed so I thought that I would use the digital recorder my husband bought me, she didn't know I was taping the conversation. In this conversation my daughter told me that her dad would sleep w/ her and that he would put his hands down the back of her underwear and massage her privates. I called the police and they had a social worker video tape her statement but my daughter didn't tell them everything and she thought that her dad was getting in trouble over him losing his temper but not sexual assaulting her. He has been grooming her over the years and she thinks this is normal behavior for father/daugther relationship. Due to the fact the she didn't know the social worker at all and she was scared that she would get her dad in trouble she only said he rubbed her buttocks in the video tape. Due this fact the D.A. doesn't think we have a strong enough case. My question is this;

Should I use the audio tape I have as evidence, or would it look bad that I taped my daughter without her knowledge?

People have said that his angle might be that I'm manipulating my daughter. Would the audio tape help or hurt me? It is clear in the tape that I wasn't coaching her and that she volunteered this information. Help!!!
 


LdiJ

Senior Member
Lostridgegirl said:
What is the name of your state? Wisconsin

My ex-husband and I have 50/50 custody. Over the past 4yrs my daugther has been coming home telling me strange stories of what has been happening at my ex's house. I won't get into all of them, my current husband told me that maybe I should start audio taping my conversations w/ my daugter because over time we keep forgeting things and we should start keeping records of all of this "strange" behavior. My daughter likes to have us talk about things before she goes to bed so I thought that I would use the digital recorder my husband bought me, she didn't know I was taping the conversation. In this conversation my daughter told me that her dad would sleep w/ her and that he would put his hands down the back of her underwear and massage her privates. I called the police and they had a social worker video tape her statement but my daughter didn't tell them everything and she thought that her dad was getting in trouble over him losing his temper but not sexual assaulting her. He has been grooming her over the years and she thinks this is normal behavior for father/daugther relationship. Due to the fact the she didn't know the social worker at all and she was scared that she would get her dad in trouble she only said he rubbed her buttocks in the video tape. Due this fact the D.A. doesn't think we have a strong enough case. My question is this;

Should I use the audio tape I have as evidence, or would it look bad that I taped my daughter without her knowledge?

People have said that his angle might be that I'm manipulating my daughter. Would the audio tape help or hurt me? It is clear in the tape that I wasn't coaching her and that she volunteered this information. Help!!!
Have you talked to the DA about the audio tape? Perhaps you should.
 

GrowUp!

Senior Member
Lostridgegirl said:
What is the name of your state? Wisconsin

My ex-husband and I have 50/50 custody. Over the past 4yrs my daugther has been coming home telling me strange stories of what has been happening at my ex's house. I won't get into all of them, my current husband told me that maybe I should start audio taping my conversations w/ my daugter because over time we keep forgeting things and we should start keeping records of all of this "strange" behavior. My daughter likes to have us talk about things before she goes to bed so I thought that I would use the digital recorder my husband bought me, she didn't know I was taping the conversation. In this conversation my daughter told me that her dad would sleep w/ her and that he would put his hands down the back of her underwear and massage her privates. I called the police and they had a social worker video tape her statement but my daughter didn't tell them everything and she thought that her dad was getting in trouble over him losing his temper but not sexual assaulting her. He has been grooming her over the years and she thinks this is normal behavior for father/daugther relationship. Due to the fact the she didn't know the social worker at all and she was scared that she would get her dad in trouble she only said he rubbed her buttocks in the video tape. Due this fact the D.A. doesn't think we have a strong enough case. My question is this;

Should I use the audio tape I have as evidence, or would it look bad that I taped my daughter without her knowledge?

People have said that his angle might be that I'm manipulating my daughter. Would the audio tape help or hurt me? It is clear in the tape that I wasn't coaching her and that she volunteered this information. Help!!!
There are many problems with audio taped recordings such as yours. While you claim she didn't know she was being recorded, you can't really prove that. Also, recordings originated like this aren't looked to fondly upon because you know the recording is going on, so you can control the direction of the conversation/questioning to get what YOU are looking for. Also, it could come across as you are intentionally trying to illicit information from the child. I am not saying what your daughter is saying isn't credible, but recordings like this don't really hold much (and I work in the communications industry and I alone can think of several instances where I would personally question the authenticity of such recordings) .

Have you looked into counseling for the child? Has the DA suggested how to more effectively pursue this? Have you taken the child to a doctor?
 

LdiJ

Senior Member
GrowUp! said:
You should know better about audio tapes in these instances.
I do, that is why I suggested she talk to the DA about it. The DA may feel exactly the same way you do...or the audiotape may give the DA ideas of different directions to go...or someone objective hearing the audiotape may find it credible. We don't know, because we haven't heard the tape.
 

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