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statutory rape and NJ

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stealth2

Under the Radar Member
But she's not 16. The mother would also have other options to put an end to this "relationship" - she could have an RO taken out against the sleezeball screwing her daughter.
 


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dmcin

Guest
Yes, so although nothing may happen to the boyfriend legally speaking, her mother may be able to stop the relationship. Unfortunately oftentimes the parents don't step up and do anything to protect their children. Legally speaking they have a whole lot more power to make things happen then I do. I know many of you have been critical of my reluctance to report but if I do and this child refuses to come back to therapy then I have lost my ability to help them. I don't know that you can possibly understand the position that this puts me in. In addition if the child lies and says she did not say that they had a sexual relationship, I could be sued. Although several of you have implied otherwise, I take my job very seriously and I never enter into any decision lightly. I realize how much is at stake if I make a mistake and that there are often no 2nd chances.

**By the way, my spelling leaves soemthing to be desired since, although I try to correct any errors, I am writing with my 2 year old sitting on my lap.
 

rmet4nzkx

Senior Member
dmcin said:
Yes, so although nothing may happen to the boyfriend legally speaking, YOU ARE NOT GETTING IT, SHE IS 15 THE AGE OF CONSENT IS 16 THE LAW DOESN'T SAY DUH, WELL IF THE VICTIM IS ALMOST 16 WE CAN CUT THIS CHILD MOLESTER SOME SLACK, BS! YOU HAVE A DUTY TO REPORT IT TO CPS, YOU HAVE THE NUMBER NOW DO IT!

her mother may be able to stop the relationship. Unfortunately oftentimes the parents don't step up and do anything to protect their children. IF SHE KNOWS ABOUT IT THAT IS HER RESPONSIBILITY, YOU KNOW AND IT IS YOUR RESPONSIBILITY TO REPORT IT, NO IF AND'S OR BUTTS (mispedded intentionally!)

Legally speaking they have a whole lot more power to make things happen then I do. WRONG, WRONG, WRONG, IT IS YOUR OBLIGATION AND DUTY TO REPORT, YOU DON'T HAVE TO VERIFY AND YOU DON'T HAVE TO INVESTIGATE YOU ARE REQUIRED TO REPORT.

I know many of you have been critical of my reluctance to report but if I do and this child refuses to come back to therapy then I have lost my ability to help them. FALSE

I don't know that you can possibly understand the position that this puts me in. YES I CAN, BEEN THERE, DONE THAT, I AM A FORENSIC NEUROPSYCHOLOGIST I HAVE HAD TO DO MANDATED REPORTS, IN ONE CASE AGAINST A COLLEAGUE, SO I KNOW ALL ABOUT THE IMPLICATIONS, THAT IS WHY I AM IMPLORING YOU TO DOCUMENT, GET SUPERVISION AND MAKE YOUR MANDATED REPORT OR YOU RISK NEVER, EVER GRADUATING OR GAINING A LICENSE.

In addition if the child lies and says she did not say that they had a sexual relationship, I could be sued. YOU ARE PROTECTED AND REQUIRED TO MAKE THE REPORT AND PREVIOUSLY STATED YOUR OBLIGATION IS TO MAKE THE REPORT, NOT TO INVESTIGATE OR PROVE IT. OF COURSE YOU GAVE HER THE REQUIRED INFORMED CONSENT PRIOR TO COMENCING YOUR THERAPUTICE RELATIONSHIP?

Although several of you have implied otherwise, I take my job very seriously and I never enter into any decision lightly. I realize how much is at stake if I make a mistake and that there are often no 2nd chances. THEN WHY ARE YOU ACTING LIKE AN IDIOT!

**By the way, my spelling leaves soemthing to be desired since, although I try to correct any errors, I am writing with my 2 year old sitting on my lap.
DO YOUR DUTY AND CONTACT SUPERVISOR, EMPLOYER AND YOUR INSURANCE COMPANY
 
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dmcin

Guest
I appreciate your detailed comments. I do agree that I have the duty to report this relationship if it is continuing to occur and that the fact that more likely then not nothing will happen should not factor into my decision. The fact that she is a few months shy of legal age of consent complicates the legal picture but does not eliminate the duty to report. It bothers me alot that many times throughout my career I will go through all of this and most likely nothing would happen. The purpose of these laws is to protect children but when they are not enforced, they don't do any good.
You are also right that under NJ law if I make a good faith report, I am protected from lawsuit (although it sometimes happens anyway in less clear cases). I started this thread because although everyone here seems sure about the duty to report in this case, outside of this forum I've gotten mixed reactions - including those from social workers.
 

rmet4nzkx

Senior Member
dmcin said:
I appreciate your detailed comments. I do agree that I have the duty to report this relationship if it is continuing to occur and that the fact that more likely then not nothing will happen should not factor into my decision. The fact that she is a few months shy of legal age of consent complicates the legal picture but does not eliminate the duty to report. It bothers me alot that many times throughout my career I will go through all of this and most likely nothing would happen. The purpose of these laws is to protect children but when they are not enforced, they don't do any good.
You are also right that under NJ law if I make a good faith report, I am protected from lawsuit (although it sometimes happens anyway in less clear cases). I started this thread because although everyone here seems sure about the duty to report in this case, outside of this forum I've gotten mixed reactions - including those from social workers.
Well you are finally getting it. No one said it would be easy or that you would not have to face delimmas. Your duty is to report the rape of this underage child because you have knowledge of it, it does not matter whether it continues or not, remember it is your duty to report, not to investigate or prove the evidence, if your fail to report you may still be sued by the victim for your failure. Opinions or debates outside the consulting room you must still maintain your theraputic objectivity and learn to manage your countertransferrance, that is why you consult, seek supervision, document. It is always difficult to report, far more difficult to do damage control or lose a career. If you are afraid of your clients saying one thing in the consulting room and another later, be sure to always give informed consent, record your sessions with permission of course. I can talk from experience, not theory, I also suggest you go on line and pull up the code of ethics in addition to the licensing laws for NJ.
 
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dmcin

Guest
I already have. Nothing specific to this though. The licensing and ethical guidelines both suggest reporting if required by law or if the client is in danger. The dilemma stems from determining whether reporting is required by law.
 

rmet4nzkx

Senior Member
dmcin said:
I already have. Nothing specific to this though. The licensing and ethical guidelines both suggest reporting if required by law or if the client is in danger. The dilemma stems from determining whether reporting is required by law.
Consult, get supervision, document and call CPS, that's your job. CPS will take the report, that's their job
 

JETX

Senior Member
Has everyone on this thread gone deaf, blind AND dumb?
All this emotion and this is a HOMEWORK ASSIGNMENT!!!
There is no child being abused. There is no sexual contact going on. Again, this is a HOMEWORK assignment!!!

Let the OP research the issues as I have already provided the statutory links that will answer her questions..... and let this one die!!

Jeeeze.... everyone take a 'chill pill'. :D
 

bellabully

Junior Member
15 boy/19 girl in NJ

what do we do?
i'd like to find out if my son was exposed to any STD's?
can we press charges?
thanks
 

cbg

I'm a Northern Girl
And you attached this to a four year old thread instead of starting your own because....?
 

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