NCJ Number
133871
Journal
Prosecutor Volume: 24 Issue: 3 Dated: (Winter 1991) Pages: 14-19
Date Published
1991
Length
6 pages
Annotation
A prominent Maryland psychiatrist who revealed he intentionally circumvented his State's child abuse reporting law focused attention on the intentional failure of mandated reporters to cooperate with the child protection and criminal justice systems.
Abstract
In 1990, Maryland passed legislation requiring that suspected child abuse and neglect be reported by all health care professionals including those treating sex offenders. Maryland law previously exempted psychiatrists treating pedophiles from the reporting requirement. A prominent psychiatrist issued a memorandum warning patients and prospective patients of the State's new reporting requirement and suggested a way around it. His memo recommended that people who had molested children and desired treatment consult a lawyer who could refer them to the clinic for evaluation. That way, the disclosure of an incident would be protected by the attorney-client privilege and would not have to be reported to authorities. The problem of nonreporting is widespread despite legislative requirements, and those who treat sex offenders are not the only ones responsible. A study released by the National Center on Child Abuse and Neglect indicates that 40 percent of 1,196 professionals responding admitted having failed to report child abuse or neglect at some time in the past. Therapists who treat sexual abusers must be more cognizant of the trauma experience by victims. While sexual deviancy therapists play an important role in reducing the likelihood of sex offender recidivism, prosecutors must protect the community. Therapist and reporting practices in Washington, California, and Oregon are noted. 27 footnotes