[vc_row][vc_column][vc_column_text]If you find out that a minor has been a victim of sexual abuse, you have a duty to report the crime. Not only should you do it out of moral obligation to protect young people from sexual abuse, but you can actually be subject to criminal penalties if you do not. This month, the pastor of a church in Mesquite, Texas was charged with failing to report a sexual assault in a timely manner.
The Crimes at the Open Door Baptist Church in Mesquite
Steven Winn, a youth pastor at Open Door Baptist Church, was arrested for abusing a teenaged student at the church’s school. The abuse allegedly went on for a period of 14 months. Robert Ross, the lead pastor of the church, allegedly found out on February 1, 2018 that Winn had been abusing the girl, but he did not immediately notify authorities. On April 3, Ross was charged with failure to report the sexual assault.
What the Law Says About Failure to Report Sexual Abuse of a Child
Failure to report sexual abuse of a child, when you are certain that the abuse has taken place, is a Class A misdemeanor under Texas law. The maximum penalty is a fine of $4,000 and a year in county jail. It is a crime of omission, meaning that there is such an important duty to report child sexual abuse that you are breaking the law if you do not report it. The reason behind this has to do with the duty of care. You, as an adult, have a responsibility to protect the children in your life, and failure to do so constitutes negligence.
Your Rights and Responsibilities When Reporting Child Sexual Abuse
Isn’t it risky to report child sexual abuse? Will the person you are accusing retaliate against you if innocent, or even if guilty? How many other people’s lives will be disrupted if you report the abuse? What if you are 99% certain that the child about whom you are reporting has been abused, but it turns out that he or she has not?
Under Texas law, your responsibility is only to report suspected abuse. After that, the Department of Family and Protective Services or law enforcement will continue the investigation. The burden of proof is not on you. Furthermore, if an investigation concludes that no sexual abuse took place, you are not liable and will not be subject to any civil or criminal penalties for reporting the suspected abuse.
The people legally bound to report abuse are professionals who, in their work, are responsible for the welfare of children, such as teachers, daycare workers, healthcare professionals who treat children, and clergy who work with children. Ross was charged because he, as the administrator of a church-run school, is legally responsible for the students’ wellbeing. He had a duty to notify the Texas Department of Family and Protective Services within 48 hours of becoming aware of the abuse. People who, in their work, are responsible for children, should call the Texas DFPS Abuse Hotline at 1-800-252-5400 to report suspected abuse.
Contact Madrid Law About Failure to Report Sexual Abuse Cases
Contact Madrid Law in Houston if you are facing charges of failure to report sexual abuse of a minor.[/vc_column_text][/vc_column][/vc_row]
