Serving Are Schools Required to Report Sexual Abuse?
In South Carolina, educational professionals must report any suspected or known child abuse or neglect, including sexual abuse. Due to their frequent interaction with children, they are responsible for acting quickly if they suspect abuse. The Law Office of Brad C. Richardson, LLC, advocates for your child’s rights in these situations.
Definition of Sexual Abuse Under South Carolina Law
Sexual abuse is any form of non-consensual sexual contact between an abuser and a victim. In South Carolina, “criminal sexual conduct with a minor” occurs when an abuser engages in sexual or oral sex acts with a child under age 11. This offense can also apply when the victim is under age 16, and the abuser has previously pleaded guilty or entered a plea agreement for sexual battery or has been listed on the Sex Offender Registry. The term ‘plea deal’ refers to an agreement between the accused and prosecutors in which the defendant agrees to plead guilty to a particular charge in return for a lesser sentence or the dismissal of other charges. The ‘Sex Offender Registry’ is a public list of individuals convicted of certain sexual offenses.
Sexual abuse also occurs when an adult engages or coerces a child into sexual activity, not just intercourse. This includes fondling genitalia, exposing a child to sexual acts or explicit material, or persuading or coercing a child to appear in sexually explicit images.
Who are Mandated Reporters Under South Carolina Law?
Under South Carolina law, specific professionals, called “mandated reporters,” are required as part of their job to report any suspected or known child sexual abuse. A mandated reporter is a person legally obligated to report such abuse. It does not matter where the abuse occurred.
The South Carolina mandated reporting law applies to the following persons:
- Physicians, nurses, dentists, optometrists, medical examiners, mental health counselors, or allied health professionals;
- Teachers, counselors, school administrators, and school attendance officers;
- Addiction treatment staff, childcare workers, and foster parents
- Police or law enforcement officers;
- Judges;
- Undertakers, funeral home director, or their employees;
- Computer technicians and film processors; and
- Clergy, including religious leaders, Christian Science Practitioners, and religious counselors (clerical or non-clerical)
Who is an Educator Required to Report to?
According to SC Code § 63-7-310(E), an educator must report child sexual abuse to the Department of Social Services (DSS) or to law enforcement. The “Department of Social Services (DSS)” is a state agency responsible for protecting children and investigating abuse. The report can be made in person or by phone. Prompt reporting ensures the child can be protected quickly and the alleged abuser can be investigated and prosecuted.
Signs of Sexual Abuse
Some children do not feel safe at home, and some remain silent about abuse at school. Educators must watch for sudden signs of sexual abuse, including:
- Difficulty walking;
- Isolated behavior or withdrawing from group activities;
- Avoiding eye contact;
- Aggression or destructive behavior;
- Clingy behavior (for younger children);
- Regressive behavior, such as not making it to the bathroom in time (for younger children), and
- Knowledge of sexual activities beyond their developmental age.
Speak with Our Myrtle Beach Personal Injury Attorney Today
It is an educator’s duty to report any signs of sexual abuse to the authorities. Many educators are hesitant to do so out of fear of making the wrong assumption, but this only harms the child in the end. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach personal injury lawyer adamantly seeks justice for victims of sexual abuse. To schedule your confidential consultation, contact our office online or by calling (843) 488-4321 today.