When and How to Report Suspected Child Sexual Abuse

Reported by Aaron Kase for Lawyers.com

Explosive allegations of sexual assault at Penn State University this month have provoked a national conversation on child abuse and how to report it. Penn State has been a clinic on what not to do: So far five administrators and coaches, including legendary football coach Joe Paterno, have been fired or suspended for failing to report to police alleged rapes and assaults by former coach Jerry Sandusky against at least eight children.

The phenomenon of sexual and other types of abuse spreads far beyond the scandal rocking State College: According to commonly cited statistics, one in four girls and one in six boys are sexually abused by the time they turn 18. In 2009, child protection services nationwide reported 3.3 million referrals of abuse and neglect involving 6 million children.

The sobering revelations contained in the grand jury findings against Sandusky provide an opportunity for parents, friends, neighbors and caregivers to reflect on what steps should be taken when sexual abuse or child abuse is suspected or observed.

“Anybody that is a caregiver should call protective services,” says attorney Jennifer Cisneros, a partner at Virginia firm Whitbeck & Cisneros. “That’s the first thing.”

Cisneros notes that Virginia as well as many other states has mandatory reporter laws by which caregivers in certain professions including doctors, teachers, and daycare providers are required by law to report suspected abuse.

Some, telltale signs of sexual abuse, according to the U.S. Department of Health and Human Services, are when a child:

• Has difficulty walking or sitting
• Suddenly refuses to change for gym or to participate in physical activities
• Reports nightmares or bedwetting
• Experiences a sudden change in appetite
• Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior
• Becomes pregnant or contracts a venereal disease, particularly if under age 14
• Runs away
• Reports sexual abuse by a parent or another adult caregiver

According to the Justice Department, some 86 percent of abusers are known to the victim prior to the assault, be they relatives, caregivers or other acquaintances.

Reporting Suspicions More Complicated for Non-mandatory Reporters

Neighbors or other disinterested parties can call protective services anonymously. “Protective services will not tell the abuser who made the complaint,” Cisneros says.

Parents who suspect their own child is being abused are advised to consult a doctor and/ or psychologist to build evidence against the suspected abuser. “Get some third party confirmation,” says Cisneros. “Even if you’re making allegations about a third party, those are very serious and can ruin someone’s reputation.”

Most legally hazardous are cases where one parent accuses another of abusing a child without 100 percent unequivocal evidence. “It can be turned around and used against you,” Cisneros warns, “made to look like a ploy to gain a leg up in a custody matter or divorce.” Confirmation by a third party is especially important in these cases. “They can call the police if they’re absolutely certain they know it happened,” she says.

In all cases, Cisneros says, it’s appropriate to contact a lawyer to advise on rights, obligations and potential liabilities when reporting abuse.

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