Sexual abuse is a terrible crime that can inflict lasting mental and emotional trauma on victims. The sooner sexual abuse is discovered and reported, the sooner the victim can be free of this heinous crime.
In Illinois, the law classifies certain individuals as “mandated reporters.” These are people who are legally required to report any known or suspected incidents of child abuse to the authorities – or else face legal consequences.
Who Is a Mandated Reporter in Illinois?
The Illinois Abused and Neglected Child Reporting Act states that certain individuals, known as mandated or mandatory reporters, are legally required to report suspected cases of child sexual abuse to the correct authorities, including the Department of Children and Family Services (DCFS).
Under this state law, the following individuals are listed as mandated reporters:
- Professionals who have contact with children
- Doctors and pediatric care providers
- Teachers and educators
- Childcare providers
- Social service workers
- Law enforcement officers
- Clergy members and religious leaders
- Commercial film and photo processors
Once the DCFS receives a report of suspected child sexual abuse, it must take steps to protect the health, safety and best interests of the child involved. This may include reporting a suspected abuser to the police and moving the child to a safe place.
What Must Be Reported?
Any “reasonable suspicion” of sexual abuse acts involving children in Illinois must lawfully be reported as soon as possible by mandated reporters. In Illinois, “sexual abuse” is defined as any type of sexual contact with an individual who is under the age of 17 years old. Children legally cannot give their consent to sexual activity in Illinois.
Suspicions regarding child molestation, fondling, groping, rape or attempted rape, forcible penetration, oral copulation, sodomy, child pornography, and child sex trafficking must be brought to the attention of the DCFS immediately. Any evidence of child physical abuse, emotional abuse and neglect must also be reported by mandated reporters.
What Are the Penalties if a Mandated Reporter Stays Silent?
If a mandated reporter fails to report child sexual abuse or provide all known details to child welfare authorities, he or she could face serious penalties. Failing to report as a first offense is a Class A misdemeanor criminal charge in Illinois. Second and subsequent offenses are enhanced to Class 4 felonies. In addition to criminal consequences, disciplinary actions may be taken against mandated reporters who fail to speak up, such as the revocation of professional licenses.
Legal Protections for Mandated Reporters In Illinois
Mandated reporters in Illinois benefit from certain legal protections if they report suspicions of child sexual abuse in good faith to the authorities. These protections include exclusion from any civil or criminal liability.
If a teacher reports child sexual abuse at a school, for example, he or she will be safe from liability if the school district gets sued for the crime. The identity of the mandated reporter is also protected and kept confidential, unless disclosure is required during legal proceedings.
How to Report Sexual Abuse in Illinois
If you qualify as a mandated reporter and wish to report the sexual abuse of a minor, call the Illinois Child Abuse Hotline at 1-800-25-ABUSE (1-800-252-2873). Be prepared to provide information about the incident, such as the names and ages of those involved, addresses of victims and perpetrators, and information about the victim’s family. Even if you are not a mandated reporter, you can make a critical difference in someone’s life by speaking up.