State: Oregon

Question:

My 13 year old neice has been impregnated by a 16 year old boy. We don't really want to see this boy in jail for the next 10 years as this would not be the best thing for anyone however, I would like to know exactly what charges can be brought against him. Are we or her OB required to report the sexual misconduct? How soon are we required to report it if so, or else how long we can wait to report it if this young man proves to be unredeamable.

Since she became pregnant, this girl is now residing with us and her adopted mother is signing over guardianship to us.

Thank you for any assistance

Answer:

Under mandatory reporting laws in Oregon, the Physicians do not have a choice about reporting. A report is required when any public or private official has reasonable cause to believe that any child they come in contact with has suffered abuse. They are mandated by law to report.

As it relates to the 16 year old going to jail; at 16, if a case is filed against him he would likely be prosecuted as a juvenile within the Juvenile Justice system. Age and the age difference between them may play a role it the type of charges (if any) that are filed. He may or may not be incarcerated. The outcome of sentencing due to a conviction would be up to a family court judge upon reviewing all details of the case. Past history of the juvenile may have an impact on sentencing.

Oregon laws on Offenses Against Persons are found in Chapter 163. Sexual Offenses are defined and listed beginning with section 163.305 http://www.leg.state.or.us/ors/163.html [1] Both children involved are not at a legal age to consent to sexual contact. It will be up to a District Attorney to determine which law(s) was/were violated and what charges (if any) will be filed against the 16 year old based on the details of the case.

Mandatory reporting and source information is below.
Source of information:
http://www.childwelfare.gov [2]
http://www.leg.state.or.us/ors/ [3]

Oregon Revised Statute: 419B.010 Duty of officials to report child abuse; exceptions; penalty.

(1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. Nothing contained in ORS 40.225 to 40.295 or 419B.234 (6) affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy, attorney or guardian ad litem appointed under ORS 419B.231 is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295 or 419B.234 (6). An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client.
(2) Notwithstanding subsection (1) of this section, a report need not be made under this section if the public or private official acquires information relating to abuse by reason of a report made under this section, or by reason of a proceeding arising out of a report made under this section, and the public or private official reasonably believes that the information is already known by a law enforcement agency or the Department of Human Services.
(3) A person who violates subsection (1) of this section commits a Class A violation. Prosecution under this subsection shall be commenced at any time within 18 months after commission of the offense.

[1993 c.546 §14; 1999 c.1051 §180; 2001 c.104 §149; 2001 c.904 §15; 2005 c.450 §7]

Professionals Required to Report

Citation: Rev. Stat. §§ 419B.005; 419B.010

A public or private official is mandated to report. Public or private officials include:

Physicians, interns, or residents
Dentists
School employees
Licensed practical nurses or registered nurses
Employees of the Department of Human Services, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program
Peace officers
Psychologists
Members of the clergy
Licensed clinical social workers
Optometrists
Chiropractors
Certified providers of foster care or their employees
Attorneys
Naturopathic physicians
Licensed professional counselors or marriage and family therapists
Firefighters or emergency medical technicians
Court appointed special advocates
Registered or certified child care providers
Members of the Legislative Assembly

Reporting by Other Persons

Citation: Rev. Stat. § 419B.015

Any person may voluntarily make a report.

Standards for Making a Report

Citation: Rev. Stat. § 419B.010

A report is required when any public or private official has reasonable cause to believe that any child with whom the official comes in contact has suffered abuse.

Privileged Communications

Citation: Rev. Stat. § 419B.010

A psychiatrist, psychologist, member of the clergy, or attorney shall not be required to report if such communication is privileged under law.
An attorney is not required to make a report of information communicated to the attorney in the course of representing a client, if disclosure of the information would be detrimental to the client.

Inclusion of Reporter's Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity