Should a mandatory reporter file a child abuse report against the parents of a sexually active minor solely on the basis of the childs sexual activity with an older partner?
No. In order to report a possible case of child abuse or neglect, a mandatory reporter must have a reasonable suspicion that such abuse or neglect is occurring.23 Because courts have found that failure to prevent a child’s voluntary sexual activity does not constitute abuse under New York law, this situation in and of itself cannot give rise to a reasonable suspicion of child abuse. While the age of the minor may be taken into account in determining whether sex was voluntary, a conclusion should not be based solely upon the age difference between the partners. In Leslie C., the court concluded that the six-year age difference between the 14-year-old minor and her 20-year-old partner did not itself warrant finding the parents guilty of child abuse. The court left open the question of “whether, on different facts, an abuse finding should be made.”24 A court might reach a different finding in a case involving, for example, a 12-year-old in a sexual relationship with a 25-year-old, despite
Related Questions
- Should a mandatory reporter file a child abuse report against the parents of a sexually active minor solely on the basis of the childs sexual activity with an older partner?
- Can a mandatory reporter be sued or charged with a crime for making or failing to make a child abuse report?
- Are Adolescents Talking with Their Parents About Sex Before Becoming Sexually Active?
