ANDREOZZI + FOOTE
Reporting Sexual Abuse
Mandatory reporting laws are essential tools for safeguarding children. However, they only work if people know about them and are ready to act. By learning about these laws and understanding the requirements in your state, you can protect your child and others. Encouraging openness in your child’s school or community is also important. Together, we can ensure that no child’s suffering goes unnoticed or untreated.
On This Page
- What Is Mandatory Reporting in Sexual Abuse Cases?
- Mandatory Reporting
- Why Mandatory Reporting of Sexual Abuse Matters
- Who Must Report Sexual Abuse
- What, When, and How To Report Sexual Abuse
- What Happens After You Report Sexual Abuse
- Challenges and Barriers in Reporting Sexual Abuse
- Digital Age Challenges: Online Sexual Abuse and CyberTipline Reports
- Prevention, Education, and Best Practices for Mandatory Reporters
- Contact Andreozzi + Foote for a Free Confidential Case Review
What Is Mandatory Reporting in Sexual Abuse Cases?
Mandatory reporting laws obligate specific professionals to report any suspected cases of sexual abuse involving children, elders, dependent adults, or instances of domestic violence to the authorities. Individuals required by law to fulfill this duty, known as Mandatory Reporters, often include teachers, health care providers, social workers, childcare providers, and others in similar roles.
All states and territories have mandatory reporting laws. These laws differ regarding who must report, what conduct must be reported, and how the abuse is reported.
Mandatory Reporting
Mandatory reporting laws are designed to protect children by requiring certain professionals and individuals to report suspected abuse. These laws vary from state to state, detailing who must report, what types of abuse must be reported, and the process for doing so.
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Why Mandatory Reporting of Sexual Abuse Matters
Mandatory reporting plays a crucial role in combating sexual abuse by increasing the chances that abuse is reported to the authorities promptly.
According to the anti-sexual violence organization RAINN, one in nine girls and one in 20 boys experience sexual abuse or assault. Girls and young women aged 16 to 19 are four times more likely to be victims of sexual assault than the general population. Each year, an estimated 423,000 individuals aged 12 and older experience sexual violence in the United States. Survivors of sexual abuse frequently experience psychological, physical, and social consequences, including post-traumatic stress disorder, depression, self-harm, and an increased risk of revictimization.
Promptly reporting sexual abuse can prevent further incidents by removing offenders from the community, connecting victims with essential services, and supporting their journey toward justice and healing.
Who Must Report Sexual Abuse
The most significant difference among mandatory reporting laws often lies in who is required to report suspected abuse. Some states specify exactly which individuals are obligated to report, while a recent trend suggests a shift away from strict definitions. Instead, there is a move toward a broader interpretation of who qualifies as a mandatory reporter. Individuals in professions such as teaching, clergy, health care, and social work are typically mandatory reporters.
What, When, and How To Report Sexual Abuse
What Is Sexual Abuse?
Sexual abuse involves non-consensual sexual acts or behaviors that violate an individual’s autonomy and safety, such as rape, molestation, and unwanted touching. Sexual abuse can occur to children, the elderly, and adults who are unable to legally provide consent.
Those who are underage, intoxicated, incapacitated, asleep, or unconscious lack the legal capacity to give consent. In addition, consent is invalid when given under intimidation, threat, or duress, and where there is an unequal power dynamic.
Sexual abuse often occurs through manipulation that tricks or forces the victim into trusting an abuser and participating in a sexual act. Such conduct includes the following:
- Grooming: This method is used by sexual offenders to access potential victims by building trust, breaking down defenses, and establishing a secretive relationship, making it less likely for the crime to be discovered.
- Coercion: This type of non-physical pressure is used by offenders to force their victims into sexual activity. Sexual coercion can involve threats, false promises, or other forms of manipulation.
- Online Sexual Exploitation: Online sexual exploitation occurs when a sexual offender uses the internet to exploit and abuse their victims. This can include sextortion, the online transmission of sexual abuse material, and the creation of sexual abuse material using artificial intelligence
When To Report
A mandatory reporter is required to report suspected abuse when they have a reasonable belief that abuse has occurred or is currently happening. This obligation remains in effect even if it is discovered that the abuse took place years ago and has since stopped. The reason for this continued obligation is that, although the specific individual may no longer be experiencing abuse, the offender may be abusing others.
How To Report
Most states have a dedicated hotline for a protection service or agency that must be notified in cases of suspected abuse. While this service or agency may contact law enforcement, it is not always guaranteed. Therefore, it is crucial to also report child sex abuse to the appropriate law enforcement agency in the jurisdiction where the abuse is occurring or has occurred.
If you suspect child abuse, contact your state’s child protective services or the national child abuse hotline at 1-800-4-A-CHILD, or 1-800-422-4453—every call matters.
The National Sexual Assault Online Hotline is also available 24/7 to provide confidential crisis support.
Self-Reporting Childhood Sexual Abuse in States Without Filing Windows
Many survivors of sexual abuse do not process their experiences until years later, and some may not even recognize that they have been abused. Delayed disclosure is common and can occur due to trauma, fear, shame, or manipulation by the abuser. Even if the deadline imposed by the criminal and civil statutes of limitations has passed, reporting the abuse can still be a crucial step in helping other potential victims.
Reporting the abuse creates a record that can aid future investigations and help identify repeat offenders. This paper trail can also assist other victims whose cases can still be filed before the statutory deadlines pass.
Additionally, reporting can be a crucial step in reclaiming personal power, affirming that the abuse was wrong, and accessing support services.
What Happens After You Report Sexual Abuse
Interacting with the police and navigating the investigation process after reporting abuse can be an overwhelming and emotional experience. Requesting a victim advocate for yourself and your child to help guide you through the steps ahead is important. You are legally entitled to this support.
Here is a brief overview of what to expect after reporting the abuse:
Police and Child Protection Agency Involvement:
Police and Child Protection Agency Involvement: You can expect to be contacted by law enforcement and possibly a child protection agency. The police may request your assistance in investigating the sexual abuse.
Evidence Collection
The next step typically involves a visit to a local hospital, child advocacy center, or health care facility, where a medical professional or doctor will examine your child for any physical signs of abuse and collect evidence. The examiner may also take DNA swabs from your child during this examination.
Interviews
A child forensic interviewer, usually a social worker with specialized training, will ask your child questions in a non-direct manner to have your child share information about the abuse. The approach can vary based on the child’s age.
Protective Orders, Victim Services, and Advocacy Referrals
It is crucial to limit any contact the abuser may have with your child during the investigation. Law enforcement will often assign a victim advocate to your child’s case, who can coordinate resources to ensure that your family receives all available support and is updated on the progress of the investigation. You may also need to seek a protective order, a court mandate prohibiting the offender from being near your child.
It is essential to recognize that the details of what occurs after the disclosure of child sexual abuse can differ significantly based on the jurisdiction, the survivor’s individual circumstances, and the specifics of the abuse.
Challenges and Barriers in Reporting Sexual Abuse
Experiencing abuse can leave both children and adults grappling with deep feelings of guilt, shame, and confusion. Understandably, these emotions can create significant challenges when it comes to reporting sexual abuse. Many people hesitate to come forward because of fears of retaliation, cultural stigma, or a lack of trust in those in authority. Furthermore, the situation can feel even more complex if the abuser is someone close, such as a family member or a caregiver. In some instances, survivors might not realize that the behaviors and actions directed at them are abuse.
When survivors come forward about their abuse, they may encounter legal barriers depending on where the abuse occurred and when it was reported. One such barrier is the statute of limitations. In many jurisdictions, there is a deadline for initiating criminal or civil legal action for sexual abuse claims. However, due to recent statute of limitation reforms, many states have eliminated or extended these time limits for criminal cases. Additionally, many states have modified the deadlines for civil claims by extending the reporting period, adding exceptions to the rules, or even creating special reporting windows.
Digital Age Challenges: Online Sexual Abuse and CyberTipline Reports
Online predatory behavior involves using the internet to target vulnerable individuals for sexual exploitation or abuse. Predators may utilize social media, chat rooms, online games, and message boards to find their victims. They often pressure their victims to send explicit content, engage in sexual interactions, or even meet in person, where the abuse can escalate and become more severe.
The National Center for Missing & Exploited Children, or NCMEC, established the CyberTipline in 1998 to collect reports from the public and electronic service providers concerning suspected child exploitation. In 2024, the CyberTipline received 20.5 million reports of suspected child sexual exploitation. Although this number is lower than the 36.2 million reports received in 2023, NCMEC has noted an increase in time-sensitive reports related to children at risk of imminent harm. It also saw a 1,325% increase in reports in which Generative AI was weaponized to harm children, including the creation or alteration of images to abuse children.
NCMEC anticipates the volume of such reports will continue to grow as more companies fulfill their reporting obligations under the REPORT Act. Enacted in May 2024, this law requires U.S.-based online platforms to report incidents of child sex trafficking and online enticement to NCMEC’s CyberTipline.
NCMEC offers various resources to assist victims of child sexual exploitation in removing sensitive online material and reporting the exploitation.
The REPORT Act may lead to a notable rise in child sex trafficking reports. In 2024, there were approximately 26,800 reports of child sex trafficking incidents, reflecting a 55% increase from the previous year.
of child sex trafficking incidents
from the previous year.
Prevention, Education, and Best Practices for Mandatory Reporters
Many states and territories require mandatory reporters to undergo training. According to Child Welfare Information Gateway, this training is provided by state social service agencies, education departments, or other organizations that license or certify professionals in mandatory reporting. In areas where training is not required, mandatory reporters often still have the option to receive training through their state’s child welfare agency.
Reporting abuse is an important first step on the challenging journey toward justice and healing. It is crucial for child sex abuse survivors and their families to be aware of the resources available to them. Several organizations provide support and assistance to victims after they report abuse, including:
- RAINN: Operates the National Sexual Assault Hotline and provides support through prevention education and public policy advocacy
- Brave Moment: Survivor-centered global movement that connects survivors and their families to helplines, self-care resources, and more
- National Sexual Violence Resource Center, or NSCRC: Maintains a bank of local and online resources to aid victims in their healing process
At Andreozzi + Foote, we are dedicated to supporting parents in their pursuit of justice when mandatory reporters fail to report suspected abuse. Our attorneys advocate for families impacted by negligence in reporting and institutions that fail to protect children. We aim to ensure that those responsible are held accountable and that systemic failures are addressed to safeguard other children.
Call (866) 311-8640 or contact us online for a free and confidential consultation to discuss your rights and legal options.
About Andreozzi + Foote
As one of the nation’s leading law firms representing survivors of sexual abuse, Andreozzi + Foote is committed to creating life-changing results for victims and their families. Led by skilled trauma-informed attorneys, our firm has successfully litigated some of the highest-profile child sexual abuse cases of the modern era.
We understand that the most important role of the lawyer is to listen to the client and create a path toward recovery specifically designed for that individual survivor. At Andreozzi + Foote, we pride ourselves on navigating the balance between pressing a case for resolution and not interfering with a survivor’s recovery.
To learn more about your rights and legal options, contact Andreozzi + Foote today for a free, confidential case evaluation.