Defendant is charged with deviant sexual activity with a child. Defendant was a babysitter for a four year old girl. The parents took the child to the hospital emergency room for examination where the physician questioned both the child and the parents. Patient said babysitter rubbed her. At the trial the prosecution offers the hospital report into evidence.
Defendant objects on ground of privilege.
One summer when the children were with their father in Texas, the older daughter said she did not want to return to her mother. H did not return the child and W hired an attorney in Arkansas, X, to help her regain her daughter. H then filed an action in Arkansas to change custody. At the trial, H called as a witness X who had represented W earlier. Over objection, X was allowed to testify concerning the conditions in W's home.