Sexual abuse of minors causes emotional trauma that lasts for many years. One aspect of the emotional trauma of sexual abuse is that, even when the abuse continues for a long time, the adults in the victim’s life do not always try to intervene to stop the abuse, either because they do not know with certainty that it was going on or for some reason choose not to report the abuse to authorities. It is the moral responsibility of adults who are aware that children are being sexually abused to get the children out of the situation that leaves them vulnerable to abuse, but what does the law say about their legal responsibility? In recent weeks, news about the trial of Larry Nassar, the Michigan gymnastics coach who sexually abused dozens of adolescent girls, has begun to focus on the fact that many of Nassar’s colleagues probably knew about the abuse but failed to report it. What does Texas law say you should do if you suspect that a child or adolescent you know has been a victim of sexual abuse?
Who Has a Duty to Report Suspected Child Abuse?
Professionals who are entrusted with ensuring the wellbeing of children are required by Texas law to notify authorities when they encounter a child that they suspect has been a victim of sexual abuse. These professionals include daycare workers, nurses, physicians, and teachers. Pediatricians are most likely to notice physical signs of abuse, rather than behavioral ones, since their time spent with the child is limited to brief office visits, but they do physically examine children. Therefore, they are the professionals most likely to notice physical injuries to children’s genitals. Teachers and daycare workers, who spend many hours each week with the same children, are more likely to suspect sexual abuse on the grounds that the victim’s behavior indicates age-inappropriate knowledge about sex.
According to the Texas Department of Family and Protective Services, professionals who notice a possible sign of childhood sexual abuse must report their suspicions by calling the Texas DFPS Abuse Hotline at 1-800-252-5400 within 48 hours of becoming aware of the alarming signs. They can also file a report online. The reason for the short deadline is that authorities want to be able to document the child’s physical injuries before they heal and before there can be too much question as to when the injuries occurred. The law says only that they must report suspected abuse, not that they must prove that the child’s injuries or disturbed behavior are the result of sexual abuse.
Why should you report suspected sexual abuse? According to the Texas Family Code, failure to report child abuse is a crime. If you make a report of suspected abuse but an investigation concludes that no abuse took place, you are still protected from liability. It is illegal, however, to file an abuse report when you know there is no legitimate reason to suspect abuse.
Contact Mario Madrid About Child Abuse Cases
Mario Madrid is a criminal defense lawyer with experience with cases about sex-related offenses. Contact Madrid Law in Houston for a consultation.
