V
Virginian
Guest
My brother was convicted in Calif of fondling a 13-year-old girl, did some time in jail, is now out on probation for about a year. He got permission to move to Virginia to be nearer family, and probation was transferred here. As a condition of probation he has to take sex offender therapy. He was required, as part of this therapy, to take a polygraph test---they said if he didn't he'd get kicked out of therapy, which would be a violation of his probation, and he'd of course go back to jail. He really does want to get better, and they said it was important for them to know the full extent of his aberrations so he could be treated. So, he took the test. I am not sure what releases he signed but I know he agreed that the results would be shared only with his therapist and his probation officer. In the polygraph session, he admitted to touching another 13-year-old prior to the other crime (ostensibly while she was sleeping, and she didn't wake up)----and while he did not name the girl, he apparently gave enough info for them to figure out her identity. Now the PO and therapist are saying that they have to report this information to the authorities and he may be charged with the crime in California, where it occurred (could be a while before we find out if he will be charged, as there will have to be an investigation I guess). He is not sure if they were taping the session in any way. Questions: Was it legal for them to force him to take the polygraph? (No rights against self-incrimination?) Will the results be admissible in court? If their goal is for him to get better in therapy, how can he be honest with them if they are then going to use the information against him? Will the fact that he's in intensive therapy for this behavior, and hasn't repeated the offense since getting out of jail, mitigate in his favor? Is there doctor/client privilege here? If the child was asleep, how can she testify? And what if she makes up stuff? My brother probably will need a good attorney, but I don't even know if he should get one in Virginia (where the polygraph was given) or in California! (Any idea what the fees might be for a case like this?) I know there are a lot of questions----advice please?