Bill Requires That Witnesses Report Child Abuse

Webster-Kirkwood Times
January 13, 2012

http://www.websterkirkwoodtimes.com/hc.e.178595.lasso

Amidst critical school funding issues and a state budget shortfall that must be addressed, state Sen. Eric Schmitt, R-Glendale, also has child sexual abuse prevention on his radar for the 2012 legislative session.

"As a father, I reacted to the Penn State sex abuse scandal, which is still unfolding, as I am sure many other fathers have. My reaction: How could this happen? How could anyone witness actual sex abuse of children and not report it to legal authorities?

"As a legislator, I think my natural reaction is: How can we address this in our state? What is on the books now? What kind of input do we need to put together a law on this to make sure children are protected and that criminal behavior victimizing them gets reported?" said Schmitt.

In answering these questions, the lawmaker, who represents school districts in Webster, Kirkwood and South County, has filed a bill in the statehouse that would require anyone who witnesses sexual abuse to report it to authorities.

Schmitt said his research shows that state law presently requires professionals who work with children to report suspected abuse. Schmitt wants a "mandated reporter" law to include any person, regardless of whether they are clergy, teachers or physicians, who observes child sexual abuse to report it.

"The idea is that you don't have to be a professional to be required to go to the police after witnessing sexual abuse," said Schmitt. "If you are an Average Joe, you still need to report this kind of activity to the police for an investigation. Eighteen states already have similar laws in place.

"You don't have to go to your supervisors with your information - go straight to the police," added Schmitt. "And this should give the average person some protection. Their bosses cannot say that they should have been contacted first. This is quite simply a matter of following the law - going to police."

The Penn State scandal, which broke this fall, involves allegations that assistant college football coach Jerry Sandusky abused eight boys over a 15-year period beginning in 1994. Authorities have now handed down 40 counts in the case, 21 of them felonies, each with long prison sentences on conviction.

A major focus of the scandal involves a graduate assistant who has testified to a grand jury that he caught Sandusky subjecting a boy to molestation in a shower, and then reported it to celebrated Penn State Coach Joe Paterno. Paterno, who has left his coaching position, is now implicated for his alleged failure to report the abuse to authorities.

Not A Cure-All

Schmitt said that he is under no illusions that a state bill can even begin to solve all the problems of child sexual abuse. However, he called his measure a reasonable approach based on actual witnessing of a crime, not on suspicions or rumors of conduct that is inappropriate.

"The thing is that once witnessed, such an incident has to be brought to police, so that future crimes of this sort can be prevented," said Schmitt. "These never seem to be one-time, isolated incidents. The perpetrators so often are involved in serial criminal activity."

Schmitt said he is meeting with Attorney General Chris Koster on the bill. He also plans to meet with a state prosecutors group, as well as advocacy groups for children. He said he is open to suggestions, additions or amendments on the bill.

"As the process moves along, I am sure we will be inviting testimony on this legislation," said Schmitt. "I want to hear what others have to say. As a legislator, I feel a need to react after reading all that's been involved with the Penn State scandal."

Patrick Fleming, a psychotherapist who works with both predators and the abused, said he would be willing to provide testimony on Schmitt's bill. He and his colleague, Sue Lauber, work out of Kirkwood and recently published a book on abuse trauma and the path to healing.

"I suspect a bill like Sen. Schmitt's will not make a great deal of difference," said Fleming. "It's pretty rare that anyone actually witnesses anything like what went on at Penn State. Predators are very good at being secretive about what they do. Victims are afraid to talk, in part, because of the shame that they feel.

"I do applaud the senator for bringing this issue of abuse to public awareness," added Fleming. "It's a major thing to get this out into the open and to discuss it. The more it is discussed, the more victims are encouraged to come forward."

David Clohessy, director of the Survivors Network of those Abused by Priests (SNAP), said that in the 18 states where mandatory reporting has been passed, there has not been an uptick in the number of predators exposed and prosecuted.

"Mandatory reporting laws rely on older adults to speak out," Clohessy said. "In our experience, the best laws are those that would give actual victims the chance to expose their predators.

"The most effective reform would be to get rid of statutes of limitation on these crimes," Clohessy explained. "Children are afraid and don't often understand what is being done to them. It's only when they emerge into adulthood that they understand that they have been traumatized. And that is when they see the need to take action to stop abuse from continuing.

Clohessy said he hopes that testimony in Jefferson City on Schmitt's bill would allow for a wide discussion to examine a number of reforms on the child sex abuse issue.