Los Angeles Failure to Report Child Sexual Abuse Lawyer

Los Angeles Failure to Report Child Sexual Abuse Attorney

When a child suffers sexual abuse, the abuse itself is bad enough. This leaves them and their families feeling vulnerable and shattered. However, when someone knows about the abuse and fails to report it, this adds a layer of betrayal to an already tough situation. If you know that someone in authority was aware of the abuse and neglected to report it, contact a Los Angeles failure to report child sexual abuse lawyer. We can help you seek justice.

The Importance of Reporting Child Sexual Abuse

When child sexual abuse is not reported to authorities, it becomes a crime because it leaves children at risk when authorities remain uninformed about their abuse. Professionals who suspect child abuse must act according to the law since failing to report allows the abuse to persist and blocks resources for intervention. In addition, if someone with a legal duty to report stays silent, it may allow the abuser to continue without consequence.

California law recognizes the seriousness of reporting and imposes criminal and civil penalties on those who fail to report. According to the law, the duty to protect children is a serious one.

In a number of these cases, the courts have found that the institution can be held liable when its staff see warning signs and fail to take them seriously or when they actively silence complaints. These claims bring to light systemic failings and help to force institutions to modify behavior.

Los Angeles Failure to Report Child Sexual Abuse Laws

California law requires designated individuals called mandated reporters to file reports of suspected child abuse under the Child Abuse and Neglect Reporting Act (CANRA). Mandated reporters have a duty to immediately or as soon as practically possible notify law enforcement or child protective services of any reasonable suspicion of abuse. They must also submit a written report within 36 hours.

Mandated reporters include individuals who have regular and trusted exposure to children, including teachers, doctors, therapists, and, in some cases, clergy members.

Failure to report is a misdemeanor under the same law. You can be sentenced to up to 6 months in jail and/or a fine of up to $1,000 if the failure to report results in great bodily injury or death. The punishment and/or civil liability may be increased.

In court, survivors or their families, especially if the victim is a minor, can bring claims against mandated reporters and institutions who failed to report the abuse. In California, survivors are also able to bring claims forward into their adulthood.

Local Considerations

In 2022, there were 382,145 calls made in California to report abuse and neglect inflicted on children. 6.2% of maltreatment victims suffered sexual abuse. There was also a total of 74 victims of child sex trafficking.

If you must file a civil claim regarding the failure to report child sexual abuse, the legal process may start at the Stanley Mosk Courthouse. In Downtown Los Angeles, Children’s Hospital Los Angeles has many services for children who need extra medical or mental health care after being abused, including treatment by pediatric professionals and trauma-informed counseling.

How To File a Claim

Filing a claim for failure to report child sexual abuse cases requires several steps to help ensure that you have a strong case. When you hire a failure to report child sexual abuse lawyer, they can help you during this legal process. Common steps you’ll want to take include:

• Consult with an attorney who is well-versed in these types of cases.
• Identify all liable parties. It may not only be the individual who inflicted the abuse, but may include enablers, onlookers, and even the entire organization, especially if they knew about the abuse and did nothing, or worse, tried to cover it up.
• Gather all the evidence you need, including doctors’ reports, witness statements, and photo and video evidence.
• File the claim at the appropriate court and pursue compensation for the damages the victim suffered.

Hire a Failure to Report Child Sexual Abuse Lawyer

The DeMarco Law Firm is the only law firm in Southern California that exclusively represents survivors of childhood sexual abuse. A Loyola Law School graduate and Los Angeles native, founding partner Anthony DeMarco has represented more than 400 survivors in their quest for justice. Our mission remains dedicated to holding both abusers and enablers responsible for their actions. We fight to make sure survivors receive support and attention without being overlooked.

FAQs

What Is the Statute of Limitations on Reporting Sexual Assault in California?

The statute of limitations on reporting sexual assault in California allows survivors of sexual assault to file claims until they are 40 years old or within five years of discovery. This has allowed survivors an amount of time to come forward when they are ready. Additionally, especially if the abuse happened in childhood, some survivors may not know they were sexually assaulted until later in life.

Can You File a Claim Against a Mandated Reporter for Not Reporting?

You can file a claim against a mandated reporter for not reporting if their lack of reporting helped cause harm to the victim. Victims may be able to file a claim if evidence shows that the mandated reporter knowingly did not fulfill their legal duty to report. In some cases, the reporter may also be subjected to criminal penalties, including fines and jail time.

What Is the Timeline for Mandated Reporting in California?

The timeline for mandated reporting in California says that reporters must report the abuse immediately, or as soon as they reasonably are able to do so. They must also file a written report within 36 hours. If a mandated reporter fails to make the report or delays in doing so, they can be subjected to failure to report child sexual abuse penalties.

What Is the Abuse Reporting Law in California?

The abuse reporting law in California refers to the Child Abuse and Neglect Reporting Act (CANRA). This law states that mandated reporters, who are typically those who have regular access to children, such as teachers, doctors, and therapists, must report abuse immediately if they discover its presence. They must contact the authorities immediately and submit a written report within 36 hours of discovery.

Los Angeles Failure to Report Child Sexual Abuse Lawyer

If someone failed to report child sexual abuse and it contributed to your or your loved one’s suffering, you can hold them responsible. The DeMarco Law Firm can help you in this legal process. Contact us today for a consultation.