Critical Analysis

Ashley Johnson
C. Douglas
English 1102-025
27 April 2015
Critical Analysis: Mandatory Reporting Laws on Child Sexual Abuse
Introduction:
In recent years, there has been a dramatic increase of reported cases of
child sexual abuse. To try to put an end to the increasing number of cases,
Congress enacted a new legislation in 2011, called the mandatory reporting law.
This legislation was pushed through fairly quickly due to the controversy of cases
at Penn State University and Syracuse University that were widely covered in the
media. In 2011, only 18 states had enacted this law. All fifty states should enact
this new legislation to help decrease the number of child sexual abuse cases.
Having the mandatory reporting law helps decrease the number of child sexual
cases, it helps provide immediate protection to the children, it helps gives a voice
to the children who are too frightened to come forward and it helps keep the
community safe.
Summary:
Since this law has been enacted, the number of child sexual cases has
begun to decrease. There are a lot of pros to the mandatory reporting legislation,
along with some cons. Some of the pros that people agree with are, getting the
victim away from their abuser so they can be safe. Another pro is offering an
opportunity to provide training purposes to the mandated reporters in those
certain professions. Thus helping them retain valuable information in the long
run. Some of the cons that are reported in this article are the broken trust and
confidentiality between worker and victim, the fear of the perpetrator trying to get
revenge and fear of damaging the relationship between worker and victim. Along
with the pros/cons of the law, there is also controversy about the effects of the
process of mandatory reporting has on the children. All of these factors will be
explored in the argument, being that mandatory reporting laws should be enacted
across the United States.
Argument:
Mandatory reporting laws were created to help ensure that any cases of
child abuse are reported to the authorities to help keep the well-being of a child
safe. The U.S. Department of Health and Human Services protects the health of
all Americans and to provide essential human services, especially for those least
able to help themselves. They have reported that at least 48 states have
variations of the mandatory reporting law. Some states have specific mandated
reporters while other states allow anyone to report if they have any knowledge of
a child sexual abuse case. People who are usually the mandated reporters are
physicians, nurses, teachers, dentists, licensed therapists and many more.
According to HHS, if a reporter has suspicions that abuse is going on or they
have seen/have knowledge that abuse is taking place, then that is the time they
need to report to the higher ups.
One of the numerous problem that have surfaced among this topic is the
under and over-reporting of child sexual abuse cases. Before the mandatory
reporting legislation was passed, the number of reported cases was quite low.
After the legislation was passed, the number of reports skyrocketed due to the
fact there was an increase on professions being named mandated reporters.
There were numerous false reports of suspected child abuse. Under a mandatory
reporting law, abuse is categorized as any assault of a child and any physical
injury to a child caused by any other means than accidental, a mental injury that
has been given to a child, which should only include observable and substantial
impairment of the child's mental or psychological ability to function caused by
cruelty to the child, rape of a child, sexual abuse, sexual exploitation, negligence,
maltreatment of a child, verbal threats to harm a child, buying or selling a child for
any reason, and or permitting a child to enter or remain in a place where any type
of drugs are being manufactured. This law does not include the reasonable
discipline from the parents or guardians.
Pros and Cons of this law explains why people support this law to
enhance the safety of the victim and yet shows why sometimes mandatory
reporting laws can create more harm then good for the victim or the reporter
themselves. Supporters of this law try to enhance the safety of the victim by
linking them to services that will give the, the useful information they will need to
help out their living predicaments. Also by reporting these incidents increase the
number of cases being received by authorities, which leads to the better
understanding of the violence.
Conclusion:
In conclusion, communities all over the nation are striving to increase their
awareness on abuse, looking for the perfect way to classify and respond to the
numerous cases of child abuse. The purpose of mandatory reporting law is to
take measures to make sure that the children are safe, stop abuse, and provide
support for the family. With mandatory reporting laws, society is trying to
overcome the numerous hidden cases of child sexual abuse. Depending on the
jurisdiction. there are various ways to report abuse, various consequences for
them, and various people to report this abuse.
Works Citied
"Reed College." Reed College. N.p., n.d. Web. 28 Apr. 2015.
"Mandatory Reporting Laws: Child Abuse and Neglect." Findlaw. N.p.,
n.d. Web. 28 Apr. 2015.
Safety Alert." Accessing Safety Initiative. N.p., n.d. Web. 28 Apr. 2015.

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