Oakland, CA asked in Sexual Harassment and Criminal Law for California

Q: If you knew a 17 year old was being molested or sexually harassed could you get charged for not saying anything?

3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: The answer to this question depends upon whether or not you are a mandatory reporter. If you are a teacher, psychologist, counselor or other person in a position of authority who is required to report when a minor is being sexually assaulted or harassed then it is a violation of law to fail to report. If you are none of these, but know it is happening, you should report it to someone who is in one of those positions.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It depends on your job's legal duties and your relationship to the child (e.g., you're a parent or guardian). Child abuse/ neglect should be reported to CPS and the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Potentially. Certain people are "mandated reporters": coaches, teachers, doctors, etc. Penal Code section 11165.7.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=11165.7.

A parent or guardian might face charges of child neglect for failure to seek appropriate medical care. Penal Code section 270.

Since 1999, the law in California has recognized a limited duty to report violent crimes perpetrated against victims that are 14-years-old or younger. California penal code 152.3 applies to those who witness the commission of a murder, rape, or lewd conduct against a child under the age of 14, and requires that these witnesses report such offenses to a peace officer.

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