This is not a solicitation for legal employment. The information contained in this document provides
an overview of the laws across the United States and is offered as general information to educate the
public. This information should not be considered, nor is it intended, as a substitute for advice
from an attorney, locally licensed, regarding the specific circumstances of your situation. Only
an attorney licensed or permitted to practice law in the state in which you live or where the harm
occurred may represent you in court and present any claim on your behalf.
In all 50 states there are statutory rape and/or child sexual abuse laws which prohibit adults from having
sexual contact with minor children. These laws are based on what is generally known as the �age of consent�
and that age varies from state to state. Every state also has laws which require adults to report reasonable
suspicions of child sexual abuse to a designated law enforcement or child protective services agency.
In some states, every adult is a mandated reporter and in others only certain groups (teachers, counselors,
healthcare workers, etc.) fall into this category. But all states, any individual can make a
report if they wish to do so. Once a report is made, the state is then responsible to investigate to
determine whether or not a crime has been committed against the child.
A mandated reporter�s legal obligation is governed by five principles:
1. Because underage girls are not legally capable of giving consent for sexual activity, any sexual activity
by an underage girl is, by definition, without her consent. By definition, that creates reasonable suspicion
of child sexual abuse.
2. Seeking an abortion, pregnancy test, birth control (condoms, pills, etc.), or treatment for a sexually
transmitted disease (STD) is evidence of sexual activity. Therefore, evidence that any of these services
are being sought by an underage girl (one who by state law is too young to legally consent to sexual activity)
creates a reasonable suspicion of child sexual abuse and triggers the state-mandated reporting requirement.
3. Mandated reporters are under no legal obligation � and have no legal authority � to investigate the incident,
make assumptions about it or draw conclusions about it. Their only role is a legal duty to report it to
the state. Because of that, anything the girl or anyone accompanying her (including parents, guardians,
boyfriends, or relatives) says about the situation has no legal relevance. For a mandated reporter,
the only relevant questions are (a) is this girl younger than the state�s age of consent, and (b) is there
any reasonable suspicion that she is sexually active?
If the answer to both of those questions is yes, a report is legally required. The responsibility for
determining whether the circumstances of the child's sexual activity are criminal or not lies solely
with the state�s investigators and not with the mandated reporter.
4. In the case of healthcare workers, patient confidentiality and/or the physician-patient privilege
are irrelevant. Healthcare workers are legally immune from civil or criminal penalties for violating
patient confidentiality or the physician-patient privilege when they report reasonable suspicions of
child sexual abuse.
Additionally, the authorities can investigate these suspicions by speaking to the victim and other
witnesses without the healthcare worker being involved.
5. The fact that a minor girl may be lawfully allowed to secure an abortion, pregnancy test, birth
control, or STD treatment without parental knowledge is also irrelevant. A report to the state about
the possible sexual abuse of a child does not prevent, interfere with, or even delay that child's
ability to access these services since, in virtually every case, the report will not be made until
after the service has been rendered.
Again, the only relevant issue is that when these services are sought by a minor they are evidence of sexual
activity by someone who is not old enough to consent to sexual activity. That creates a reasonable suspicion
of child sexual abuse and once that legal threshold is crossed a report to the state is mandated. As a result
of a recently completed investigation (call 1-800-800-LIFE for a free copy or read it online at
ChildPredators.com) there is now irrefutable
evidence that school districts, family planning organizations, and sex education counselors are routinely
and openly ignoring these state-mandated reporting laws.
For example, the evidence shows that the rate at which mandatory reporting laws are being violated by
family planning organizations alone is well in excess of 90 percent.
Even more alarming, this investigation showed that child sexual assault victims are routinely trained
how to conceal the crime from their parents and the authorities, while being given the means to allow
the illegal sexual relationship to continue.
In effect, on one hand state legislatures are passing laws to protect children against sexual exploitation
by adults, while on the other hand another group of adults is teaching the same children how to get around
This situation is absolutely no different than if a group of adults were caught teaching children how to
circumvent laws which prevent them from purchasing tobacco, alcohol, or handguns.