Intro
Reporting Requirements
Types
Talking to
a Child
Making the
Report
Conclusion
Reporting requirements vary slightly for a few groups...
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Mandated Reporters
by State Statute
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UW System
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UW System? *
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* As a UW System employee, you may have a role that falls into s. 48.981. If so, you must follow the "Mandated Reporters by State Statute."
Clergy
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Sexual Abuse
Define
Recognize
Practice
Listen to audio
Sexual abuse for the purpose of reporting child abuse is defined as when any person commits any of the following acts (listed below). For the purpose of reporting child abuse a child is defined as someone under the age of 18.
It's a pretty long definition. Take a few moments to read it and then we will break it down to examine the different parts. The various phrases included in the definition have very specific meanings.
- Sexual intercourse or sexual contact with a child 16 or 17 years old when he or she does not consent
- Sexual intercourse or sexual contact with a child 15 years of age or younger (consent is not a consideration)
- Sexual intercourse or sexual contact with a child that is defined as sexual abuse under Wisconsin statute (consent is not a consideration), including but not limited to sexual intercourse or sexual contact with a child by any of the following individuals (the bullets below provide a summary, for a full list refer to conduct defined as sexual abuse by Wisconsin Statute).
- the child’s foster parent
- any person who works at, or volunteers at, the placement or facility where the child is placed in substitute care or receiving direct care or treatment services (this would include, but not be limited to, group homes, shelters, residential care centers, etc.)
- any person who works at, or volunteers at, the juvenile correctional facility or detention center where the child is confined
- Child sex trafficking (consent is not a consideration)
- Sexual exploitation of a child (consent is not a consideration)
- Permitting or encouraging a child to engage in prostitution (consent is not a consideration)
- Intentionally causing a child to view or listen to sexually explicit conduct for the purpose of sexually gratifying oneself or sexually humiliating the child (consent is not a consideration)
- Exposing oneself to a child or causing the child to expose himself or herself for the purpose of sexually gratifying oneself or sexually humiliating the child (consent is not a consideration)
TIP: Not all sexual crimes against minors are included in the legal definition of sexual abuse. Law enforcement agencies investigate all types of sexual crimes against children and take whatever action might be indicated under the criminal code. As a mandated reporter, you are only required to report those circumstances that are defined as sexual abuse in the reporting law, as described in s. 48.981 of the state statutes and Executive Order 54 and as discussed in this section.
You can download a printable copy of the questions shown below. (PDF)
Sexual contact primarily is intentional touching, either directly or over the clothing, of a child’s intimate body parts, for the purpose of sexually gratifying or arousing oneself or sexually degrading or humiliating the child.
The act of touching a child’s genital area is not, by itself, sexual abuse.
Consider wiping a toddler’s bottom during a diaper change. Or providing care for the child’s genital or anal area for any number of medical problems.
These are normal, even necessary, care activities and should not be confused with sexual abuse.
Child sex trafficking is defined as a crime committed by anyone (i.e., the person does not have to be the child’s parent or caregiver) who knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts.
According to the statutes, a commercial sex act means any of the following for which anything of value is given, promised, or received, directly or indirectly, by any person:
- Sexual contact
- Sexual intercourse
- Sexually explicit performance
- Any other conduct done for the purpose of sexual humiliation, degradation, arousal or gratification
Legally, consent is not a consideration for child sex trafficking and a child is unable to give consent to any commercial sex act. While the definition of sex trafficking for adults includes the existence of force, fraud, or coercion, the definition of child sex trafficking does not. The definition of child sex trafficking implicitly recognizes that children and youth are more vulnerable to manipulation than adults.
Consequently, even if a homeless youth runaway would say that he “consented” to having sex with the man who gave him food and shelter, and there is no evidence of force, fraud, or coercion, this may still be an instance of child sex trafficking because the child or youth is a minor.
Sexual exploitation of a child includes:
- employing, using, persuading or coercing a child to engage in sexually explicit behavior for the purpose of photographing, filming or recording in any way that behavior; or
- profiting, importing into Wisconsin, reproducing, advertising, selling, distributing or possessing with an intent to sell or distribute such photographs, films, or recordings of that behavior; or
- a person responsible for the child’s welfare knowingly permitting or encouraging the child to engage in sexually explicit conduct for the above purposes
The statutes define this as actual or simulated intercourse, bestiality, masturbation, sexual sadism or masochism, or lewd exhibition of intimate body parts.
As in physical abuse, sexual abuse can be committed by any other person – a parent, a relative, a caregiver, a teacher, a family friend, or a neighbor.
In some cases, sexual abuse may be committed by another child. However, not all sexual contact or sexual intercourse between children is considered sexual abuse. For example, sexual contact or sexual intercourse between a 16- or 17-year-old and another 16- or 17-year-old that is completely voluntary – and where both children have the capacity to consent – is not considered sexual abuse under Wisconsin law.
For children who are under the age of 16, however, the statute does not account for consent and any sexual contact or sexual intercourse with a child who is under the age of 16 is considered sexual abuse. This is because, for children aged 15 or younger, the idea is that they have not developed enough cognitively, emotionally or socially to understand what they are consenting to, and are easily exploited and manipulated by older persons. Stipulating that they cannot legally consent means that the maltreater cannot use consent as a defense in court.
But there is an exception to the reporting law for a subset of these children (the Health Care Services Exception) which you will learn about later.
In addition, even if sexual contact or sexual intercourse between two children must be reported, the agency that receives the report may decide that investigation of the incident is not needed.
Children placed in foster homes, group homes and treatment facilities are also especially vulnerable to the adults who care for, oversee or provide services to them, Stipulating that they cannot legally consent offers them the same protection as children 15 years old or younger.
Consent must be freely and knowingly given. The law does not recognize a person’s consent to sexual activity if that person is unable to judge the implications or ramifications because of mental illness, mental deficiency, unconsciousness or intoxication or if a person is physically unable to communicate an unwillingness to act.
Here are two examples:
- Sexual contact with a 16- or 17-year-old that is completely voluntary on the part of the child.
- Sexual intercourse with a 16- or 17-year-old that is completely voluntary on the part of the child. This is a misdemeanor in the criminal code, but is not one of the specified types of sexual abuse in the reporting law.
For information about law enforcement’s duty to report suspected trafficking of a child to a local child welfare agency, please see this link.
Sexual Abuse Scenarios
1) You perform work at a middle school in an afterschool tutoring program as part of a University Service Learning literacy project. You overhear Lindsey, one of the girls in the program, talking about her stepfather. She tells her friends that her stepfather is really cool and lets her drink with him and watch X-rated films. You ask her to stay behind and ask her how things are going at home. She appears uncomfortable, mumbles “fine” and leaves abruptly.
Are you required to report?
Correct: You are required to report.
If what Lindsey said is accurate, then there is reasonable cause to suspect either sexual abuse (her stepfather intentionally causing her to view sexually explicit conduct) or threatened sexual abuse (a stepfather who is habituating her to adult sexual behavior and might be “grooming” her). She doesn’t have to directly tell you what happened in order for you to have a reasonable cause to suspect maltreatment. Also, even if you gain a reasonable suspicion while off-campus, EO#54 requires you to report if you gain the suspicion while engaged in your job duties.
Incorrect: You are required to report.
If what Lindsey said is accurate, then there is reasonable cause to suspect either sexual abuse (her stepfather intentionally causing her to view sexually explicit conduct) or threatened sexual abuse (a stepfather who is habituating her to adult sexual behavior and might be “grooming” her). She doesn’t have to directly tell you what happened in order for you to have a reasonable cause to suspect maltreatment. Also, even if you gain a reasonable suspicion while off-campus, EO#54 requires you to report if you gain the suspicion while engaged in your job duties.
2) You casually comment to a teenaged girl at the soccer camp you are working at that a teammate and friend of hers, Julia, seems to be preoccupied today and not playing up to her usual skills. You are surprised when she tells you that it’s because 17-year-old Julia is afraid she might be pregnant. You talk to Julia, and she confides that her boyfriend of a year is a high school senior, 18 years old, that they thought they had taken the proper precautions, but they are both afraid they might have done “something stupid.” She says they are going to Planned Parenthood together after soccer camp to get a pregnancy test. She assures you that she was not pressured in any way to have sex. At the end of camp, her boyfriend comes by to pick her up, and they walk away, holding hands for a few moments.
Are you required to report?
Correct: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
Incorrect: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
1) 12-year-old Sneha hangs around after class at the end of the day. You chat about things going on at school with her as you organize your classroom, but she’s distracted and isn’t following your conversation. When you are ready to leave, it is clear that she isn’t. Finally, with encouragement, she tells you that she is supposed to stay with her grandparents that night and she doesn’t want to go. Although she is clearly uncomfortable, she finally discloses that the last time she visited, her grandfather took her down to the basement, rubbed her between her legs, then put his hand on her chest over her breasts and told her she was getting to be a big girl and would need a bigger bra soon. She doesn’t want her parents to know, but she just can’t go stay with her grandparents. She doesn’t want you to tell anyone.
Are you required to report?
Correct: You are required to report.
Sneha has described behaviors that are sexual contact as defined in the law. It does not matter that Sneha has not specified that the touching was direct contact with her genital or breast area, as touching under or over clothing would still be sexual abuse. Even though she doesn’t want you to tell anyone, you are required to report and cannot honor her request.
Incorrect: You are required to report.
Sneha has described behaviors that are sexual contact as defined in the law. It does not matter that Sneha has not specified that the touching was direct contact with her genital or breast area, as touching under or over clothing would still be sexual abuse. Even though she doesn’t want you to tell anyone, you are required to report and cannot honor her request.
2) You find four-year-old Caitlin in the bathroom at the summer Bible camp where you work as a youth pastor, having oral contact with the genital area of four-year-old Liza, imitating oral sex. You separate the children, pull their pants up and talk to them about not doing that again. Liza says it was Caitlin’s idea and that Caitlin told her what to do.
Are you required to report?
Correct: You are required to report.
Any sexual contact between children 15 years old and younger is considered sexual abuse under Wisconsin law. In addition, knowledge of this kind of sexual behavior is unusual for a four-year-old child, giving reason to suspect that Caitlin might have been victimized in the same manner by someone else or may have observed this behavior. (A child accidentally observing this behavior is not sexual abuse, but someone intentionally causing a child to view or listen to this behavior for the purpose of the person’s sexual arousal or gratification or humiliating or degrading the child is sexual abuse.) The behavior meets the definition of sexual intercourse in the law. And because Liza has now been subjected to it, both children should be reported as suspected victims.
Incorrect: You are required to report.
Any sexual contact between children 15 years old and younger is considered sexual abuse under Wisconsin law. In addition, knowledge of this kind of sexual behavior is unusual for a four-year-old child, giving reason to suspect that Caitlin might have been victimized in the same manner by someone else or may have observed this behavior. (A child accidentally observing this behavior is not sexual abuse, but someone intentionally causing a child to view or listen to this behavior for the purpose of the person’s sexual arousal or gratification or humiliating or degrading the child is sexual abuse.) The behavior meets the definition of sexual intercourse in the law. And because Liza has now been subjected to it, both children should be reported as suspected victims.
3) You are a counselor in a residential care facility where 16-year-old Dakota is receiving treatment for behaviors which could not be adequately addressed by community services. He eventually discloses to you that his adult uncle started touching his genitals when he was 11 and first sexually assaulted him anally when he was 13. Dakota says it’s the first time he told anyone about it. His uncle hasn’t touched him since he was 14, and he asks you not to say anything to anyone.
Are you required to report?
Correct: You are required to report.
Dakota has described behaviors that meet the definition of sexual contact and sexual intercourse. It does not matter that it happened several years ago and that there is no reason to believe he is currently in danger. The statutes do not limit your reporting responsibilities to a timeframe within which it must have occurred. Dakota is still a child that you have seen in the course of your professional duties and you have reasonable cause to suspect that he has been sexually abused. Dakota’s request to not say anything cannot be honored. Furthermore, the possibility that the uncle has access to and might be victimizing other children needs to be considered.
Incorrect: You are required to report.
Dakota has described behaviors that meet the definition of sexual contact and sexual intercourse. It does not matter that it happened several years ago and that there is no reason to believe he is currently in danger. The statutes do not limit your reporting responsibilities to a timeframe within which it must have occurred. Dakota is still a child that you have seen in the course of your professional duties and you have reasonable cause to suspect that he has been sexually abused. Dakota’s request to not say anything cannot be honored. Furthermore, the possibility that the uncle has access to and might be victimizing other children needs to be considered.
4) You casually comment to a teenaged girl on the team you coach that a teammate and friend of hers, Jane, seems to be preoccupied today and not playing up to her usual skills. You are surprised when she tells you that it’s because 17-year-old Jane is afraid she might be pregnant. You talk to Jane, and she confides that her boyfriend of a year is a high school senior, 18 years old, that they thought they had taken the proper precautions, but they are both afraid they might have done “something stupid.” She says they are going to Planned Parenthood together after soccer practice to get a pregnancy test. She assures you that she was not pressured in any way to have sex. At the end of practice, her boyfriend comes by to pick her up, and they walk away, holding hands for a few moments.
Are you required to report?
Correct: You are not required to report.
Jada is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Jada and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Jada being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
Incorrect: You are not required to report.
Jada is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Jada and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Jada being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
5) You are a high school teacher. You notice that 17-year-old Melissa has been coming to school wearing very expensive clothes, carrying new bags, and has a brand new cell phone. You know that her father has been unemployed for some time, and the family has been struggling to make ends meet. As you talk to Melissa, she explains that her new boyfriend has been helping her make money by setting up “dates” for her. She states that her boyfriend loves her and is really just trying to help her out. Melissa does not say if the "dates" require her to perform sexual acts and refuses to talk about it anymore when you ask her further questions.
Are you required to report?
Correct: You are required to report.
Melissa has indicated that her boyfriend is setting up “dates” for her in which she has disclosed that there is an exchange of money. While you may be unsure whether or not these “dates” include sexual contact, there is suspicion that this may be the case. Further inquiry by a CPS worker or law enforcement can help determine if child sex trafficking has occurred. Again, Melissa is under the age of 18 so even if she believes she is giving consent, she is legally unable to do so.
Incorrect: You are required to report.
Melissa has indicated that her boyfriend is setting up “dates” for her in which she has disclosed that there is an exchange of money. While you may be unsure whether or not these “dates” include sexual contact, there is suspicion that this may be the case. Further inquiry by a CPS worker or law enforcement can help determine if child sex trafficking has occurred. Again, Melissa is under the age of 18 so even if she believes she is giving consent, she is legally unable to do so.
6) You are a therapist working with 14-year-old Jamil. Jamil lives with his mother who works two jobs and struggles to make ends meet. In the course of therapy, Jamil discloses that his landlord has started hanging out with him and asking him to help with some projects around the building. For the last three months the landlord has asked Jamil to perform oral sex and sometimes takes pictures of him during sex acts. The landlord told Jamil that he would not evict them as long as Jamil keeps hanging out with him. Jamil continues to spend time with the landlord to support his mother and not get evicted. Jamil stresses that he is not being forced to do anything and that the family needs the money.
Are you required to report?
Correct: You are required to report.
Jamil’s landlord has provided an exchange or enticement for sexual acts – in this case using the threat of eviction. Since Jamil is under the age of 18 he is a victim of child sex trafficking as he is legally unable to give consent.
Incorrect: You are required to report.
Jamil’s landlord has provided an exchange or enticement for sexual acts – in this case using the threat of eviction. Since Jamil is under the age of 18 he is a victim of child sex trafficking as he is legally unable to give consent.
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