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Thesis Paper Done
Thesis Paper Done
Abstract
Sexual assault has been an ongoing issue for all of human history. There have been many ups and
downs through the many anti-sexual assault movments. One promising concept that has come
from these movements is mandatory reporting. This is a key tool for responding to sexual
assault. Much exploration is required to determine how mandatory reporting can grow and
change in order to create more justice and support of the victims of sexual assault. This could be
broken down into common themes such as, mandatory reporting and what that means for
mandated reporters, how mandatory reporting has been helpful and ways that it can prevent
sexual assault, and what areas the court systems could improve the judicial process. Research
shows that victims do not have the voice in this process that they should have. Mandatory
reporting needs to progress in a way that the survivors of sexual assault are involved and heard
throughout their case. It has been shown that most people who sexual perpetrators get away with
sexual assault/ abuse whether the case is reported or not. Changes in mandatory reporting can go
a long way to reverse this. In drawing conclusions, it has been discovered that there are ways that
mandatory reporting can change. Finding patterns within assaulters, hearing the victims voice,
informing them as their case progresses are some ways to make mandatory reporting work for all
parties involved (mandated reporters, victims, and law enforcement).
“Don’t be ashamed of your story- it will inspire others,” said anonymous. 1 in 3 women
are sexually assaulted in their life as is, 1 in 13 men. Few share their stories with the world or
decide to report at all. Because of this, there is a reporting mechanism called mandatory
reporting. Many people do not know what mandatory reporting is. Mandatory reporting is when
sexual abuse/ assault or suspison of the same. These people are referred to as mandatory
reporters. Through their certification they are obligated to report sexual assault or abuse. Some of
this reporting is based on suspicion that something is wrong in a person's life. In other cases a
victim has confided in the mandatory reporter. The victim does not have a say in whether their
experience is reported.
There's not enough research to tell whether this has been effective or not. Many people
such as mandated reporters, college and high school students, community members, and their
families are interested in the mandatory reporting concept. Most people grow up and either have
been sexually assaulted, or know someone who has, this is not a topic for one group of people
While mandatory reporting serves many positives in society, research shows that
mandatory reporting currently does not serve the victims or survivors of sexual assault as a
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Part II: Historical Context and Background
Mandatory reporting has grown and changed over time. Leonard G. Brown III and Kevin
Perspective on the Evolution of States' Current Mandatory Reporting Laws with a Review of the
Laws in the Commonwealth of Pennsylvania'' stated , “since this first mandatory reporting law,
the law has been amended several times, most notably in 1975. The first state laws on mandatory
reporting of child abuse came as a direct response to a call to action from the media and interest
groups” (pg 2). This means that when a mandated reporter, someone that works in a professional
position (social worker, physician,teacher, doctor, or couselor) are required to report to Title IX
or CPS if they have a reason to suspect sexual assault or abuse. In simpiler terms they have to
report if someone tells them something that could be harmful to them sexually, physically, or
mentally whether the victim wants them to or not. Furthermore there are different aspects of
With the mandatory laws that are in place, there have been many more cases reported
than in the past. As Frank Ainsworth said in, “Mandatory reporting of child abuse and neglect
(...)” “The state without reporting, has a higher incidence per 1000 children of sustained cases of
abuse and neglect” (Ainsworth 4). Each state's mandatory reporting laws vary depending on
what the state feels is necessary. “This would entail looking at the difference between states, in
terms of social, economic, and political differences.” (Ainsworth 4). Not every state law is the
same. For laws it's important to look at your state as a whole in order to determine what would
After a case is reported, there are two ways that it could go, it could be subject to
investigation, or not. There are two people that mandated reporters report to, Child Protective
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Services (CPS) and Title IX. Child Protective Services is the name of a government agency in
many states of the United States responsible for providing child protection, which includes
responding to reports of child abuse or neglect. Title IX is a federal civil rights law in the United
States of America that was passed as part of the Education Amendments of 1972. It prohibits
sex-based discrimination in any school or other education program that receives funding from
the federal government. (Public Law No. 92‑318, 86 Stat.) After a case is reported to one of these
organizations, they then determine how severe the case is and whether or not they should hold an
investigation. If an investigation is held they would then contact the victim and ask them about
their story.
There are different types of reporting. Some involve mandated reporting, some do not.
Different Kinds of reporting from: Colorado Reporting Options from Colorado Colitation
medical forensic exam and choose to participate in the criminal justice system at that
time.” This would mean the victim would need to be okay with going through the
A Medical Report means, “a victim chooses to obtain a medical forensic exam but
at that time chooses to not participate in the criminal justice system. Evidence and
medical reporting victim can choose to have evidence tested.” This gives the victim a
little bit more of a choice to what may happen with their case. They do not have to go
into the criminal justice system if they do decide to choose this. This would also entail
that the people that they reported to may ask them to confirm the information to Law
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Enforcement but they are not forced to do so.
victim chooses to obtain a medical forensic exam but at that time chooses to not
participate in the criminal justice system. Evidence and information to law enforcement is
consenting to evidence storage only.” This would mean that Law enforcement is aware of
what happened to the victim to a certain extent, but cannot contact the victim to identify
information. The victim would not participate in the criminal justice system in this case.
Sexual asssault is, any type of sexual activity or contact, including rape, that happens
without a person’s consent. This may include someone touching, grabbing, kissing, or any sexual
action in a non-consensual way. This may also include unwanted sexual attention through social
media, or through people’s words (cat calling). Most cases of mandatory reporting focus on
child abuse or neglect. However the same mandatory reporting law is put in place for sexual
assault and abuse. This is what this research paper focuses on, specifically accounting for the
victim and what they may need. A victum of sexual assault or abuse is a person of any gender
that has been hurt, assulted or abused in a sexual way, without giving their consent to the person.
This paper determines what is best for the victim based on ample research. While also
accounting for the best way to prevent and educate about sexual assault, and finding solutions
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The purpose of mandatory reporting is to prevent sexual assault, keep the victims safe,
get the victims the help they may need, and bring consequences to the perpetrator.
Mandated reporters play a huge role in all of these purposes. This all comes down to why
they report. Based on research the most common answer on why they report is to get the victim
the help they may need or deserve. The Colorado School Safety Center explains, “Mandatory
reporters are required by law to report suspected child abuse and neglect. The training educates
mandatory reporters on what constitutes abuse and/or neglect, when to call for assistance, and
how to make a report. It also explains the process undertaken when a call is received.” The
training the mandated reporters go through is important so the mandated reporters can
understand when to report and when it may not be the right thing to do. They develop this
understanding in order to make sure that they are completing their jobs as mandated reporters
An NPR reporter at the University of Illinois learned how hard it can be when you are
mandated to report and the repercussions of what may happen if someone fails to report. In this
instance, she had many students who confided in her and told their stories of sexual assault to her
because she was someone they could trust and talk to. The reporter interviewed them and did not
contact the proper authorities. She was then contacted by Title IX, as she was affiliated with the
Sexual-Assault Reporting Is No Longer an Option?” writes, “Many colleges designate nearly all
of their employees as mandated reporters, although many carve out exceptions for counselors,
chaplains and others whose jobs require confidentiality” (Mangan 3). This was not something
that this particular reporter was aware of. She had promised the assault victims who confided in
her that they would remain confidential. Yet when Title IX found out about the tips that she had
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received and the stories that she knew about, they held her accountable as a mandated reporter.
Mangen explains, “The request promised confidentially, Otwell learned suddenly, she couldn’t
guarantee. In the end, ProPublica agreed to collect these tips and share them with NPR Illinois
only if they involved another university student or if that had already been reported” (Mangen 7).
She was then faced with two options, she could resign, or be fired for failure to report. In the
end, the reporter resigned and focused on educating people about mandatory reporting policies
As shown in this story she was unsure about the policies that she had to follow, but when
Title IX got involved they showed her how important it was that she did report. Mandated
reporters often have to learn that they may jeopardize some of the relationships. This reporter
experienced losing the victim's trust because she had to report the things that she had heard from
them. Mandated reporters have a responsibility to report. Their job is to look out for the people
that are around them, in order to help their peers, students, or patients stay safe and healthy.
Mandated reporting happens in schools, doctors' offices, or college campuses and is often
over reported. An investigation depends on the severity of the case. Oftentimes when a case is
reported, the victims know that a report was made but after the fact they don’t hear much more.
In the article, “Mandated Reporting Statistics Tell a Different Story” the author Glori Gayster
writes, “With the threat of penalties for lack of reporting looming ever-present, the result is an
2012-2016 shows that on average 85% of cases of mandatory reporting are reversed on appeal”
(Gayster 1).This proves the point that there is a tendency to over-report and could mean that
many cases do not go under investigation. This gives a possible reason why the victim may not
be kept in the loop, if nothing happens to the case then there is nothing to tell the victim.
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Pros To Mandatory Reporting
There are many pros to mandatory reporting. When a mandated reporter gets involved,
there is a greater chance the case will get reported which can prevent further assaults from
happening. This section will go deeper into whether the case is investigated or not, why a case
In Colorado, victims have three options when reporting a sexual assault, Law
Enforcment Report, Medical Report, or Anonymas Report. This does not necessarily apply to
minors as stated on the website Colorado Reporting Options, “Please note that these reporting
options do not apply for minors (C.R.S. 19-3-304) and at-risk elders (C.R.S. 18-6.5-108), due to
Mandated Reporters provide more support to the victims than they may receive if the
assault is not reported. Research by Dean G. Kilpatrick in his research paper “Mental Health
Impact of Rape” reads, “Rape victims were three times more likely than non-victims of crime to
have ever had a major depressive episode (30% Vs 10%). Also, they were 3.5 times more likely
to be currently experiencing a major depressive episode (21% Vs 6%). Some mental health
problems are life-threatening” (Kilpatrick 1). This particular statement from Kilpatrick shows
that there is an ongoing issue within mental health for rape victims, he shows this can often be
the same with people who struggle with less severe cases of sexual assault. By mandatory
reporting, the victim understands that there is more of a chance for them to get the help and
support they need. This is especially true in schools where mandated reporters need to make sure
that the victim receives the support, counseling and medical care they need. The Principal of
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Animas High School explained in an interview that all schools have someone who acts as a Title
IX coordinator. Many times the Title IX coordinator is also the school counselor who steps in
when there is harm between students. This could be sexual or nonsexual harm. The Title IX
coordinator organizes the mental and physical help the students may need after an assault.
This would also entail making sure that the victim is safe, whether in their school life,
home life, or work life. Principal of Animas High School, Sean Woytek explained in an
interview that there can be many cases where the student may have to leave their homes due to
assaults happening. In this case, Child Protective Services would be contacted and they would
then decide whether or not to remove the minor from their home, and where they would go if this
was the case. Sean also explained that when an assault is between two students, the Title IX
coordinator would be contacted, and he/she would follow through with an investigation and
determine that both students involved were safe and what the next steps would be. This may
mean the student who was the assaulter may have to leave the school to ensure the victims safety
or vice versa.
There are a few cons to mandatory reporting such as a lack of the victims' voices being
heard, court systems failing to create justice for victims, and a lack of education around
mandatory reporting.
sexually assaulted in their life time, on college camuses alone 1 in 5 women are assaulted. 1 in
33 men are assaulted or have assaulted in their life time, around 3% of american men. On college
campuses alone 1 in 13 men are assaulted. 1 in 10 rape victums are male. Women and girls have
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a higher risk of sexual asssault this may varry with age. Sexual assault in prominate for women
when younger from grade school to college and shorly after. Statistics show younger people are
more prone to assault. This is especially prominent to women. These statistics are taken directly
from RAINN, a website that focuses specifically on statistics of sexual assault. These statics
modern-day times.
In her Ted Talk “Why women stay Silent After Sexual Assault”, Herchcovitch states that
on average, only 10% of sexual assault victims report the incident, and many wait months after
the assault occurs. Jessica Ladd, in her Ted Talk, “The Reporting System that Sexual Assault
Survivors Want”, found in her research that only 6% of sexual assault cases reported result in the
offender spending at least one day in prison. Ladd’s research provides an explanation for
Herchcovitch’s statistics. One can infer that because only 6% of cases result in jail time, victims
are hesitant to report their assault due to low or no consequences for their abuser, hence no
justice for them as a victim. Herchcovitch called this, “victimizing the victim.”
Court systems have proven over time to be extremely hard on the victim, oftentimes
failing to create justice for them. “The vast number of reports and appeals has created an
administrative backlog, slowing down an individual’s chance for a timely hearing and/or appeal”
(Gayster 1). There are many cases where little to no consequence occurs to the offender. When a
victim is assaulted they may not always want to report it, most of the time this is because they
think no one will believe them. The fact of the matter is, that if victims don’t report and stay
silent then nothing is going to be done around the issue of sexual assault. This falls on the lack of
justice within the court systems. The criminal justice system needs to start changing if there is
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Another major con to mandatory reporting is the victim doesn’t have a choice on whether
it's reported or not. If a mandated reporter suspects that something has happened then they
legally have the responsibility to report. While interviewing Animas High School students, two
particular students who are survivors of sexual assault and won’t be named, stood out and had a
lot of really interesting things to say. One of the young women that I interviewed had experience
with mandatory reporting and told her story to me. She went on to explain that she was young
when the assault happened, she explained to me that she was someone whose story and
experiences were mandatorily reported. She explained that after the fact that it was reported, she
had no idea what happened and didn’t hear anything about it until years later. She went on to tell
me that because she was young, she was kept in the complete dark. This gets complicated
because when a victim is young, it can be hard to explain to them what is happening. Yet they
should have some awareness of what happened and whether or not something happened after the
The other survivor that I interviewed, had an instance where it involved another person
her age. This would fall under a Title IX investigation. She told the school what had happened
and felt the school didn’t do anything about it. She was told to go to SASO, which is the local
Sexual Assault Services Organization. SASO never followed up with her. This led her to feel
like no one was listening. Her mental health declined after experiencing the assault and the
ramifications that followed. She explained to me that five years later the authorities came to her
and tried to re-open her case which at the time was not effective for her. She lost trust in the
criminal justice system and was frustrated that she didn’t get the justice that she deserved. Both
of these interviewees showed similarities in not feeling heard or kept in the loop with what
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Mandated reporters also face tough decisions and consequences when reporting or
choosing not to report. According to CO4Kids, “There are legal consequences for not reporting.
You could be charged with a class 3 misdemeanor, receive a fine of $750 and/or imprisonment
up to six months, and be liable for what the law terms “damages approximately caused” if you
fail to report a suspicion of child abuse or neglect” (CO4Kids). Although this focuses on child
abuse, the laws are the same for sexual assault. Mandated reporters face strict consequences
The principal of Animas High School, Sean Woytek, explained in an interview how
mandatory reporting can be hard on teachers who care about their kids. Students don’t always
understand that the teacher is looking out for their safety and trying to help. Teachers’
relationships with their students often change after mandatory reporting happens. This shows
how difficult a decision mandated reporters have. There are consequences if they do report in
terms of relationships around them, as well as consequences if they fail to report surrounding the
federal law. Specifically in school systems, after mandatory reporting happens between staff and
students, the victim may no longer have trust in that staff member and may lose their
In summary of research, there are a few solutions and potential changes to mandatory
reporting. In this section the key points that will be discussed are a website where victims can
report their assaults and feel more control over their outcome and support groups for minors that
In a Ted Talk where speaker Jessica Ladd talked about, “A Reporting System that
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Survivors Want”, Ladd touches on the issue of sexual assault on college campuses. Specifically,
the reporting system that survivors want. 59% of sexual assault cases happen by repeat offenders
which means the offender has assaulted somone in the past. The solution that Ladd found utilizes
Ladd talked about a new reporting system that benefits sexual assault suvivors. This is a
website with reporting resources accessible to the survivors. This website has the technology to
match two reported cases with the same assaulter. Currently, only 6% of assaulters that were
reported against spend at least one day in jail. When a case goes to court with two people
experiencing assault from the same person, the judge or the jury will see a pattern of behavior
which could result in more severe consequences. A website like Ladd discusses in her Ted Talk
Ladd said in her closing statement of the Ted Talk, “We don’t have to live in a world
where 99% of rapists get away with it, we can create one where those who do wrong are held
accountable, where survivors get the support and justice they deserve, where the authorities get
the information they need, and where there's a real deterrence to violating the rights of another
human being.” Ladd said it best that an assault is violating the rights of another human being and
the criminal justice system does the same when not listening to the victim.
When Ladd conducted research with victims and came up with the idea to create a
website where victims can report what happened to them with the assaulter being matched to
similar stories, this created a support system between victims and provided more evidence for
court cases. “Knowing that you aren’t the only one changes everything.” (Ladd, Reporting
System Survivors Want) This increased mental health for victims as well, “you’ll have someone
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One of the bigger issue established is supporting the survivors of sexual assault more and
letting their voices be heard. This came up a lot when interviewing AHS Students. Many of these
students suggest that when a mandated reporter needs to report, they should talk to the victim
about what is best for them and how they want their assault reported. Both the victim and the
mandated reporter can then find the best way to report taking into account CPS and Title IX. As
established in interviews with Animas High School students, often the victim is not kept in the
In an interview with SASO the local Sexual Assault Service Oragnization, I gathered data
on what kinds of support there are for suvivors of sexual assault who may not want to report and
found the options limited. Sure, there are therapists, counselors, and family to talk to, but not
everyone is close with their family or can afford a therapist. Laura Latimer at SASO explained to
me that they run support groups for survivors of sexual assault who are over the age of 18. This
means that anyone who is a survivor of assault can come and talk with other survivors and a
therapist about what happened to them. Laura explained that people who come to these various
groups have reported their assault, and if they haven’t the person who runs that support group is
obligated to report as a mandated reporter. She explained to me that one of the main reasons that
they don’t have groups from minors is because they didn’t feel it was needed. There are many
assault and abuse cases that happen in high schools and middle schools. SASO is not oblivious
to this fact, but because high school and middle school students are minors some of them may
not want to report their assault. Support groups would then not be available. This is not SASO’s
fault, “it's just the way that the laws work.” (Latimer SASO) However, more support for minors
is needed. There could be a group where minors or adults who are suvivors of sexual assault go
to to talk about their experience and receive mental support without mandatory reporting.
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Taking into account student interviews I learned that oftentimes survivors can feel more
comfortable talking about what happened to them when there are people who have gone through
similar situations. If there was a way to provide that support without mandatory reporting this
What needs to change within mandatory reporting in order to further support victims of
sexual assault as well as prevent more assalts from happening? To summarize, the victim's voice
needs to be heard in order to make them feel more supported and keep them informed with their
case and how their story is interpreted. Furthermore, we should look deeper into the reporting
system that works for all parties. Jessica Ladd’s idea of a website where the victim can report
their case and who assaulted them is an efficient way to keep a record of sexual assault cases and
help to protect the confidentiality of victims. Once a report is received from another victim with
the same assaulter, the website automatically reports the incidents to the proper authorities. This
will help victims receive justice within the criminal justice system. A website like this would
work well for college campuses and high schools. Schools are in a controlled setting where
assaulters can be matched easier than if it was through the entire US. In terms of high schools
this would work for bigger campuses or even small towns with multiple schools working
together.
We should also be focusing on educating people on sexual assault and reporting from a
young age. This will ensure that everyone is aware of how substantial this problem is and
prevent sexual assaults. One Animas High School senior said, “From a young age we should be
educated so when it does happen to us, we can feel more comfortable reporting it.”
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While mandatory reporting serves many positives in society, research shows that
mandatory reporting currently does not serve the victims or survivors of sexual assault as a
whole and needs to be redesigned to focus more on the victims voice. In closing, when you or a
friend are struggling with sexual assault or abuse, think about how you would handle the
situation. Tell your peers about their options and most importantly listen to what they have to
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Work Cited
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https://www.washingtonpost.com/archive/lifestyle/wellness/1990/03/20/infections-after-a
-rape/f3fbd283-e0f2-4dca-b3b4-28ed43628fb4/.
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