Q: Is it illegal if our family knows about sexual assault that happened within our family and doesn't tell the authorities?
My brother sexually assaulted our cousin and everyone in our family knows it. She doesn't want to press charges and has not (yet). Will my immediate family be charged with a crime if we don't report it to the authorities?
A: In California, you are not expected as a citizen to report crimes, unless you had a part in it. If you in any way helped, promoted, encouraged, or enticed someone to do it, it's illegal. It's also illegal if you assist this person to hide from the law. However, if you saw something and just decided not to report it, it's not illegal. But remember this; by not reporting this person, you will have somehow made them think it's okay to do what they did. This emboldens them to commit more such crimes. It all depends on you principles and ethics. As a criminal defense attorney, I can still be suggesting the right thing, even though I'd be readily available to defend the rights of the person accused. Being human and being a professional are two different things. However, if you are the one who assaulted the person, I suggest you stop communicating online like this and get a free consultation from a local attorney.
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