In pursuit of justice, summer 2012, v.5 no.2

              INSIDE:
Crimes Against Children
2-3
Mother Convicted in Son’s Death
4
Victims’ Impact
Panel
5
Violent Crime Case Convictions
6-7
Meet the Prosecutor
8
Message From DA Tim Harris
12
SUMMER 2012

“Justice
will not be served
until those who are unaffected are as outraged as those who are.”
― Benjamin Franklin

TIM HARRIS
TULSA COUNTY
DISTRICT
ATTORNEY
In Pursuit of Justice
VOLUME 5, ISSUE 2
Report Potential Child Abuse
P rotection of children has always been a top priority in the Tulsa County District Attor-ney’s office. In fact, we all have a duty to protect these most vulnerable of victims.
When information about the sexual abuse scandal at Penn State University first came to light, many were shocked that a man with such power and respect could violate so many children. Even more shocking was that many people had some knowledge about the abuse, but failed to stop or report it.
Our community is not immune to such scandals. Most recently, allegations of sexual abuse of children at Victory Christian Church resulted in one employee charged with rape and lewd molestation and a second charged with making a lewd proposal to a child. Five church employees were charged with failure to report the abuse. Under the Constitution, defendants are presumed innocent until proven guilty in a court of law.
The law in Oklahoma provides much protection to its children. Certain professions are specifically listed as “mandatory” reporters of potential child abuse. Those professions include physicians, nurses, and other health care providers.
In addition to listed professions, each and every adult in the State of Oklahoma who has reason to believe that a child has been the victim of abuse is required by law to make a report of that potential abuse. The reporting obligations are individual to the person. In other words, it is not sufficient to simply inform a supervisor, administrator, or employer. The individual person must ensure that a report is made to the authorities. In addition, a supervisor or administrator may not prevent an employee or individual from making a report and he may not take any adverse action against the person who makes the report. Reports should be made promptly, so that evidence may be preserved and children will not be further abused.
Some who suspect abuse may fear making a report unless they are absolutely sure about their suspi-cion. No one with concerns should take it upon himself to confirm or disprove allegations before he makes a report. The law requires that the person make the report if he has reason to believe and not that he wait and do so only if he can prove it. The law allows a person to report anonymously if he/she prefers and protects the person from any liability as long as the report is made in good faith.
Some may wonder what to do when a suspicion is raised in what would otherwise be considered a “confidential” setting. For example, between a mem-ber of the clergy and his parishioner or during a coun-seling session. In Oklahoma, there is no confidentiality exemption for re-porting child abuse. In addition, no person can enter into a contract or agreement wherein he agrees not to make a report.
Investigations are conducted by professionals who specialize in child abuse and are done in a manner that minimizes trauma to the child and is in the child’s best interest.
The media has discussed at length the difference be-tween the “legal” and “moral” obligations that were apparently faced by each of the persons allegedly in-volved at Penn State. If the same situation occurred in Oklahoma, any person with knowledge would be re-quired to report - both legally and morally.
W e must always err on the side of the child. It is better to have an investigation show that no abuse occurred than to have a child suffer in silence because an adult hesitated in making a report.
Child Abuse Hotline 800-522-3511
What does Oklahoma Law Require? Oklahoma Statutes 10A § 1-2-101:
A.1. The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the Department…
B.1. Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services.…
3. No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.
4. The reporting obligations … are individual and no employer, supervisor, or administrator shall interfere with the reporting obligations of any em-ployee or other person or in any manner discrimi-nate or retaliate against the employee or other person who in good faith reports suspected child abuse or neglect, or who provides testimony in any proceeding involving child abuse or neglect. …