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Nancy72

Mandated reporting of statuatory rape years later

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My question pertains to reporting statutory rape years after it occurred.  Say someone is a mandated reporter of child abuse and is told about an incident of statutory rape that occurred years ago. In this scenario, the perpetrator is a  30-year-old teacher and the student was 15 and 16 when the incidents occurred.  The victim is not yet 50, so they could still report because that statute of limitations in PA doesn't run out until victim is 50. Victim does not report, but does tell someone who is a mandated reporter.  First, it is my understanding that if you don't have a name of a perpetrator, you cannot report.  Is that true? Second, are mandated reporters required to report even if the victim is no longer a child, but middle-aged? Finally, who would you even report to--child line? What if the abuser is still teaching? What if the mandated reporter doesn't know if they are teaching or not?

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If it's been longer than two years since the abuse occurred and especially when the person is no longer a child, there's no duty to report.  The law was written so teachers and counselors, doctors and therapists would report suspect abuse of a CHILD.  Simply being a child when it happened doesn't trigger the mandatory reporting.

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Is this a homework assignment?

 

Any useful answers to your questions would require a careful review of the relevant Pennsylvania statutes and administrative guidelines, as well as case law.  Such legal research is outside the scope of this forum.  Since the scenario you describe is posed as a hypothetical, I can only assume that your interest is academic.  If so, you'll have to do your own research.  Most if not all the material is available in the "Cases and Codes" section of FindLaw's Legal Professionals page.  You need not actually be a legal professional to access that material.  FindLaw's home page has the links.

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Thank you for this response, very helpful. Yes, the incidences took place years ago, so apparently it is not reportable. I have to say though, it makes me a bit uncomfortable, because what if the teacher is still teaching somewhere? Anyway, thank you again. 

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Hi @Nancy72

 

Welcome to the community and thanks for posting! In Pennsylvania, a mandated reporter has an obligation to report the abuse even if the reporter does not know the name of the accused abuser. However, as LegalwriterOne points out, the person in question is no longer a child, so likely no reporting is necessary in the circumstances you described. If you continue to feel uneasy about the situation, you can always call ChildLine to discuss the situation further.

 

Best of luck!

The FindLaw.com

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On 8/20/2016 at 0:47 PM, Nancy72 said:

the perpetrator is a  30-year-old teacher and the student was 15 and 16 when the incidents occurred.  The victim is not yet 50

 

This doesn't really tell us anything (nor does "years ago" or "middle-aged").  Facts matter, and you provided few facts and those you did provide are ambiguous or conflicting.  You wrote that the alleged perpetrator is 30 and that the student/victim was 15/16 when the alleged incidents occurred but it now some age under 50.  How long ago did these incidents allegedly occur?  At most, I can infer that the incidents maybe took place within the last 10-12 years.  On the other hand, if the alleged victim is now "middle-aged," then it sounds like they took place two or three decades ago.  Also, what exactly is or was the relationship between the "mandated reporter" and the two other persons?  Are you the "mandated reporter"?  What evidence do you have (or does the "mandated reporter" have) that the alleged incidents actually occurred?

 

 

On 8/20/2016 at 0:47 PM, Nancy72 said:

it is my understanding that if you don't have a name of a perpetrator, you cannot report.  Is that true?

 

One can report anything, so no, it's not true.

 

 

On 8/20/2016 at 0:47 PM, Nancy72 said:

What if the abuser is still teaching? What if the mandated reporter doesn't know if they are teaching or not?

 

Is this a real situation or are you just make up hypotheticals?  What do these questions even mean?  If the alleged "abuser is still teaching," then he/she is still teaching.  If the "mandated reporter" doesn't know, then he/she doesn't know.

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