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That may still be considered assault, age difference is not generally the determining factor. However, part of the problem is that usually the person who was victimized (or his parents in this case since he's a minor) has to be the one to bring charges. If he and his parents will not do that - they just want to forget about it, don't want it in the local papers, etc. - then more than likely nothing would happen to the boy who was accused.

 

 

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Yah, these situations are a challenge for everyone, eh? It's hard to know what to do, and there's always a desire to give "the benefit of the doubt" and to be reluctant to pass along bad news.

 

This is not a case of child abuse. It would not fall under the mandatory reporting statutes in most states. "Child abuse" is limited to abuse by caregivers on dependent children. If someone contacted child services about such an incident, they would call law enforcement on the sexual battery report, but they don't really have any authority beyond that, and it would be up to the parents of the boy who was molested to press charges, eh? Would it have been better to call the police and possibly have the boy arrested? Maybe, then there would have been a record that might have triggered some other support. But very hard with the victim's parents not wishing it.

 

So Eamonn and the SE did all that they reasonably could in the murky world these things create. They protected their kids, and pushed for the lad to receive the help he needed. They chose not to report the crime at the request of the parents of the victim. The SE in particular is really a bystander in these things; units are the responsibility of the CO. If it looks like the unit is proceeding with handling it, the SE is quite correct in leaving it to them.

 

Then we get into what might have been possible "above and beyond the call". Calling children's services for neglect if the parents of the Lad don't actually get the boy help? Perhaps, but how do we as scout leaders know and follow up? Quietly tipping off school officials looks good in 20-20 hindsight, but most of us don't think of schools as very amenable to molestations, forgetting about things like field trips with the band. Then do we also tip off parents of other boys in the neighborhood?

 

It's good to reflect. Eamonn should get with some folks and debrief. These things create a lot of emotions and need to be talked out and trouble-shot. But from where I sit, there ain't much to be beatin' himself up over.

 

Beavah

 

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Eammonn,

 

You did everything you could. Do you know what has happened to the lad since his expulsion?

 

Beavah, I agree with the others that feel the SE failed.

 

Unfortunately someone should still contact CPS, if the school hasn't. The main reason being there has now been two incidents. How many more have possibly gone unreported? Not to call the lad a sexual predator, but he sure seems to be heading that direction. Someone needs to stop him from continuing.

Someone needs to look into his history. Usually an abuser/predator has a history of being abused by a predator, and the cycle needs to be stopped.

 

Eamonn, I'm sure you are well respected in your area. As stated in earlier posts by others, CPS keeps contacts anonymous. I think an anonymous little birdie needs to still drop them a line, in case it hasn't been done already, for the protection of the other children, and for the future protection of and to help the troubled lad.

 

Eric

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  • 2 weeks later...

In our area, working with youth makes one a "mandated reporter", if there is a reasonable suspicion of abuse one is required to report it to the authorities. Not doing so opens the adult to legal action. The leeway to see if the "suspected abuser" was just momentarily not thinking is removed because the "wait and see" puts the adult in jeopardy. The boys being boys thing just doesn't fly in mandated reporter world - and if there is an inappropriate or abusive note to the activity it shouldn't anywhere.

 

Laws forcing mandated reporting remove much of the angst Eamon is going thru because you really don't have a choice. It gets turned over to Family services who investigate and take "hopefully" appropriate actions. And as a mandated reporter you are not liable for "unfounded", according to the investigator, abuse reports.

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Different states have different laws concerning "mandated reporters". Not all states laws are the same. If you have taken the online Youth Protection Training, part of that training is a statement of your states laws.

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