Do I have to report that my husband molested my daughter? 4 Answers as of November 09, 2010

My husband mildly molested my daughter who was 10 at the time. This was three years ago, do I have to report him now? I have kicked him out and I do not think we are at any risk. Can child services take away our toddlers from me if this comes out later and if I do not report it? It was one time several years ago and nothing since. Thanks, I do not want my little ones taken from me.

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You do not have a legal obligation to report the molest. However, if your husband still has contact with any of the children, you can be found to be negligent in allowing it with the knowledge that he has molested before. Therefore, it would be wise to insist on supervised visits if and when he has contact with any of the children. By the way, if you report the molest to a therapist, the therapist has an obligation to report the molest to the police.

Our office is very experienced in handling these matters. For more information or to be represented, please call me.
Answer Applies to: California
Replied: 11/9/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Morally? Yes, you should have done so at the time.

Legally? By not reporting at the time, you risked being accused of child neglect or worse. Since it is 3 years ago, with no further incidents, it is a gray area decision you must make. It is close to being too late for the police and DA to file charges against him, or you, as there are Statutes of Limitations. It is not likely they would take action against you if you filed, then or now.
Answer Applies to: California
Replied: 11/8/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
You do not "have to" report any crime, but you should report this crime.

Child protective services can (and will) take all of your children if you withhold information that any child in your care was the victim of sexual abuse in the home.

Although it's unlikely that your husband would ever report himself, your daughter may accidentally disclose this information to a teacher (who must report any allegations), a friend or another family member.

You should consult an attorney in your area for more information about local policies for Child Protective Services in your county.
Answer Applies to: California
Replied: 11/6/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If you divorced him and he has no visitation rights regarding the 10 year old you are probably safe but if the court allows him to come into the home (or you are still married) you might well be putting the toddlers at risk.
Answer Applies to: California
Replied: 11/5/2010
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