Legal Protections for Minors Affected by Sexual Abuse in California

Minors rely on parents and the adults who educate and care for them to protect them from sexual abuse. California mandates that many of the adults that minors spend time with report any reasonable suspicion of sexual abuse. Minors and their parents and guardians can seek protective orders against the people who commit the abuse. They can also file civil actions against the people and organizations that have a duty to prevent the abuse and fail to protect the minor.

What is the definition of sexual abuse of a minor?

According to the California Department of Education, child abuse/neglect includes many injuries, including “The sexual abuse, assault, or exploitation of a child.” The person who has the duty to report sexual abuse does not have to “be physically present or witness the abuse to identify suspected cases of abuse, or even have definite proof that a child may be subject to child abuse or neglect.” The test is whether the person who reports abuse has a “reasonable suspicion” that a child has been the subject of child abuse or neglect.

The warning signs of sexual abuse in children include:

• Difficulty sitting or walking.
• Knowledge or interest in sexual acts inappropriate to his or her age or even seductive behavior.
• Purposefully avoiding a certain person without a clear reason.
• Being uncomfortable changing clothes in front of others or participating in certain types of physical conduct.
• “A sexually transmitted disease (STD) or pregnancy, especially under the age of fourteen.”
• The minor runs away from home.

The person who has the duty to report sexual abuse does not determine if the allegations are true. The mandated reporter must contact an appropriate local law enforcement or county child welfare agency:

• A police or sheriff’s department (not including a school district police department or school security department).
• A county probation Department, if designated by the county, to receive child abuse reports.
• A County welfare department/County child protective services.

The person who reports sexual abuse should make their report by telephone – and follow up with a written report on a form that the law enforcement department or agency will provide. If the reporter cannot call, then they should make their report by e-mail or fax. Schools and other organizations may have their own additional requirements.

While the mandated report must provide their name, the identity of the reporter and the report are kept confidential.

“Mandated reporters have immunity from state criminal or civil liability for reporting as required. This is true even if the mandated reporter acquired the knowledge, or suspicion of the abuse or neglect, outside his/her professional capacity or scope of employment.”

A mandated reporter who does not make a proper report “is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine.” (California Penal Code Section 11166[c]).

Who has a duty to report sexual assaults of minors in California?

CA Penal Code Section 11165.7 mandates that the following people/professionals properly report sexual abuse of a minor:

• Teachers, instructional aides, teacher’s assistants, public school “classified” employees, certain school administrators, camp administrators, youth center administrators, and other youth organization administrators and employees
• Child day care facility administrators, licensees, and employees
• A Head Start program teacher
• A public assistance worker
• Foster parents
• Probation and parole officers
• Social workers
• School security personnel
• District attorney investigators
• Police officers
• A firefighter, except for volunteer firefighters
• Healthcare professionals, including physicians, surgeons, psychiatrists, psychologists, dentists, marriage and family therapists, and many other licensed professionals
• Paramedics and emergency medical technicians
• A coroner or medical examiner
• “A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166.”
• A child visitation monitor
• An animal control officer or humane society officer
• A clergy member
• Alcohol and drug counselors
• Athletic coaches, administrators, and directors of minors
• Many other professionals and individuals

Some conditions may apply. The organizations involved should ensure that their employees and other staff members understand the signs of sexual abuse, their duty to report the sexual abuse, and how and where to report the sexual abuse.

What remedies can parents and guardians use to protect minors from sexual abuse?

Parents and guardians have two basic remedies if a minor suffers sexual abuse in California:

• Domestic violence restraining orders. Parents and guardians can file these orders against the person who commits the abuse – normally a relative or someone in the minor’s household. These restraining orders also require that the abuser:
  • Stay away from (have no contact with) the minor for a specific period of time
  • Move out of the home shared with the minor
  • Not have any weapons or ammunition
  • Not threaten, stalk, harass, or harm the minor
  • Pay child support if the minor is their child

Other protections may also be available.

• Civil lawsuits. Parents and guardians can file sexual abuse claims against any person or organization that has a duty to protect a minor from sexual abuse, has reasonable knowledge that the abuse is occurring, and then fails to protect the minor. Damages include the minor’s medical bills, physical pain, emotional trauma, and other damage. The abusers may also have to pay punitive damages.

The police and prosecutors can also file criminal charges against sexual abusers if the abuse constitutes a crime.

What California resources can minors and parents use if minor suffers sexual abuse?

Some of the organizations that minors, parents, and guardians can call when a minor suffers sexual abuse in California include:

• The National Sexual Violence Resource Center
• A California Self-Help Center, depending on where you live
• The Children’s Institute in Los Angeles
• Various child welfare and family services agencies, depending on where you live

Minors deserve protection when they suffer sexual abuse. They rely on mandatory reporters to step forward. They can count on Taylor & Ring to provide strong, compassionate representation. To assert a minor’s rights, please call our office or complete our contact form now to schedule a free consultation.