A taxonomy of duties to report child sexual abuse: Legal developments offer new ways to facilitate disclosure.

BACKGROUND

Child sexual abuse is undisclosed for many reasons that are resistant to change. Citizens can play an important role in disclosing cases of child sexual abuse to authorities. Professionals who deal with children also play a crucial role. Office-holders in organisations have a clear responsibility to prevent cover-ups of sexual abuse. Recently, some countries have created important new legal duties for adults to disclose child sexual abuse.

OBJECTIVES

This article creates a contemporary taxonomy of duties to disclose cases of child sexual abuse, and explains their nature and justification.

PARTICIPANTS AND

SETTING

Citizens, professionals dealing with children in the course of their work, and managers of child and youth-serving organisations.

METHODS

Legal analysis created a taxonomy of reporting duties. Analysis of these duties from perspectives of criminal jurisprudence, public health law, children's rights and ethics considered their justification.

RESULTS

Seven legal duties now exist, in criminal law, civil law and child protection law. Some apply to all citizens; others to managers in organisations; others to professionals dealing with children in the course of their work. All the duties are directed to early detection of cases; some are directed towards prevention; and some are focused on avoidance of institutional corruption.

CONCLUSIONS

These developments represent historic progress in overcoming normally intractable barriers to disclosure of cases of child sexual abuse. New legal duties are consistent with principles from criminal jurisprudence, public health law, children's rights and ethics. Where adopted, societies should ensure the creation and maintenance of ecological conditions in which these duties can be observed.