As the awareness of child abuse increases, the common question that arises is what can be done to stop this crime from occurring within the community. Stopping abuse is a simple task that only requires that adults let others know that abusing children will not be tolerated. Reporting abuse is an essential legal and moral duty that we all must follow.
There are two instances when an adult is legally obligated to report child abuse; an outcry or suspicion. An outcry is a legal term used to describe when a child discloses abuse to an adult. The person who hears the outcry is referred to as an outcry witness. Having a child, whether it is your own or someone else’s child, approach you to disclose abuse is not an easy thing for both the child and the adult.
In most cases, the child has been lied to and possibly threatened by the abuser in order for him/her not to tell. So, for that child they will be baring their soul to that adult. The response of the adult in this situation is extremely critical to the well being of the child.
In an outcry, the child will read the verbal and non-verbal communication of the adult and it will affect the way the child discloses. It is important that the adult listen, believe, not blame, and of course report.
In an outcry, the adult must not pass the child on to another adult. No matter how uncomfortable or how unprepared the adult may be, if that child chose that person to disclose to, then that person needs to be the one who listens to the child.
Listening does not mean asking a thousand questions. The adult should only ask for minimal information, who, what, when and where. The adult must also believe the child.
In most cases, the abuser is someone who will be close to that child, so it will be the one that is least expected. It is also important that the child not be blamed for the abuse. Many victims of abuse often feel guilty for the abuse. They believe that they either were the cause of the abuse or that they could have stopped it from happening to them. This mentality of guilt is often brought on by the abuser. If the child believes that it is his/her fault, then the child will not tell.
During the outcry, the outcry witness cannot ask questions such as “why were you there?” or “why didn’t you just leave?” These questions put the responsibility on the child and not on the abusive adult.
Once that child has finished the outcry, it is very important for the adult to thank the child. The child needs to know that the adult is grateful for the child disclosing this abusive behavior. The child then needs to know what the plan is going to be. The adult should let the child know who will be notified and when they will be notified.
The outcry witness cannot make any promises to that child. There are many different avenues that the authorities can take, so the outcry witness cannot honestly tell the child what will happen once the authorities are told.
Now it is time for the report to be made. The outcry witness should gather his/her thoughts, maybe even write down what they were told and then report to the authorities. The adult should not investigate the issue. The adult’s role is to only report the case. Legally the outcry witness has 48 hours to report the abuse. I recommend that the report be made as soon as possible. The report cannot be handed off for someone else to do. The person who hears the outcry needs to be the one who reports the case. Anyone who makes an honest good faith report is protected from any lawsuits.
On the other hand, failing to report is a class B misdemeanor, which can lead to a $2,000 fine and/or six months in jail.
Abuse cases should be reported to Child Protective Services (CPS) at (800) 252-5400 or to local law enforcement. Technically, abuse that occurs in the home should be reported to CPS, while cases that occur outside the home should be reported to law enforcement. Either way, each agency will accept the report or they will refer you to the appropriate agency. If the child is in immediate life threatening danger or if the child is suicidal, 911 should be called.
Having a child disclose abuse is not required to make a report to the authorities. If an adult suspects that a child is being abused, that adult is obligated to make a report. It is important for the adult to error on the side of the child.
It is better to be wrong than to know that a child is being abused and nothing was done about it. If the abuse is not current and occurred years ago, it should still be reported. If a minor discloses abuse, no matter how long ago it occurred, the abuse needs to be reported.
We must remember that reporting abuse is a legal obligation; more importantly we have a moral obligation. We can no longer turn a blind eye on abuse and believe that it is a family problem. Child abuse is a problem that affects us all.
If you have questions about reporting abuse, contact the archdiocesan Office of Victim Assistance and Safe Environment at (210) 734-7786.
Steve Martinez is director of the archdiocesan Office of Victim Assistance and Safe Environment.