What are mandatory reporting guidelines or laws about Sexual Battery and Lewd and Lascivious behavior in Florida?

When deciding whether or not you must report a case or suspicion of sexual battery, you first need to know whether or not you are a mandatory reporter.

A mandated reporter is someone who is required by Florida law to report reasonable suspicions of abuse.

Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare is a mandatory reporter (§39.201(1)(a), Florida Statutes).

Any person, including but not limited to state, county, or municipal criminal justice employees or law enforcement officers, who knows or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited must make a report. (§415.1034(a)5, Florida Statutes)

If you fall into any of these above categories, you are considered a mandatory reporter.

As a mandatory reporter, the following applies to you when it comes to knowing about or having suspicion of Sexual Battery:

A mandatory reporter is required to report to law enforcement when you have knowledge of a sexual battery (Fla. Stat. 497.027).

Florida Law requires that any person who observes a sexual battery and who has the ability to seek assistance for the victim without being exposed to a threat of physical violence must make a report.

Sexual battery and assault crimes in Florida include when a person has non-consensual oral, anal, or vaginal contact with another person using either their sexual organ or an object.

• If the report contains information of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older, the report shall be made immediately to the appropriate county sheriff’s office or other appropriate law enforcement agency.

What other situations require mandatory reporting in Florida?

Vulnerable Adult and Child abuse are other situations, in addition to sexual battery, that require mandatory reporters to report to law enforcement in the state of Florida. If you know of any parent or legal guardian that is abusing or neglecting their child, it is your legal responsibility as a mandatory reporter to report it under Florida law.

Child abuse in Florida includes:

• A child in need of supervision who has no parent, legal custodian, or responsible adult.
• A child abused by a parent, caregiver, guardian, or other person responsible for the child’s welfare.
• Child abuse, abandonment, or neglect by any adult.
• Child abuse by a known or suspected juvenile sex offender.
• If the report contains information of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older, the report shall be made immediately to the appropriate county sheriff’s office or other appropriate law enforcement agency.
• Reports involving surrendered newborn infants shall be made and received by the department.

I’m a Mandatory reporter in Florida – How do I report suspected sexual battery or abuse?

• Child and adult abuse should be reported to the Florida Department of Children and Families (DCF) through either the DCF statewide hotline (call 1-800-96-ABUSE) (1-800-962-2873) or through the DCF website at reportabuse.dcf.state.fl.us.
  • The hotline also accepts faxes at 1-800-914-0004 and web-based chats on their website.
  • If the abuse is by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, the report will be transferred by hotline staff to the appropriate county sheriff’s office.
• If the alleged abuse is by a juvenile or involves a child who is in the custody or protective supervision of the department, the report shall be transferred by the hotline to the county sheriff’s office.

What are the consequences for failing to report sexual battery or abuse if I am a Mandatory Reporter in Florida?

Consequences for when an individual who is a mandatory reporter fails to report a child abuse or sexual battery crime can be a misdemeanor or even a felony in Florida:

• Failure to report an instance of child abuse to DCF in Florida is a third-degree felony.
• If someone observes or becomes aware of a crime of sexual battery and fails to report the crime, they are guilty of a first-degree misdemeanor where that person:
  • has reasonable grounds to believe that he or she has observed the commission of a sexual battery;
  • has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
  • fails to seek such assistance;
  • would not be exposed to any threat of physical violence for seeking such assistance;
  • is not the husband, wife, parent, grandparent, child, grandchild, brother or sister of the offender or victim, by consanguinity or affinity;
  • is not the victim of such sexual battery.

Any institution of learning or medical facility that does not report an abuse-related crime required by Florida law can face penalties of up to $1 million in fines. Additionally, there is a maximum penalty of up to two years in prison for the person who fails to report the crime.

Mandatory reporting is taken very seriously under Florida law. It is the duty of healthcare professionals, professors, and others to report any abuse-related crimes they know of, whether or not they were involved in the crimes.

What should I do if I’m involved in a case where a mandatory reporter in Florida implicated me in a sexual abuse or child abuse situation?

If you are implicated in a suspected or known abuse situation—perhaps a teacher reported concerns about your child—the first step is to contact an experienced local criminal defense attorney.

A defense attorney will guide you through the investigation and court procedures and make the process as smooth as possible. Due to the seriousness of such cases, it’s critical to contact a lawyer immediately. The sooner you involve a criminal defense attorney, the better your chances of protecting your rights.

If you are a mandatory reporter but failed to report an abuse incident, you will also need a Fort Lauderdale criminal defense lawyer. In Florida, failure to report as a mandatory reporter can be a felony, so protecting your rights is essential.