UNITED STATES
Journal of the American Medical Association
Susan C. Kim, JD, MPH; Lawrence O. Gostin, JD; Thomas B. Cole, MD, MPH
The general public has been bewildered by the magnitude of sex abuse cases and the widespread failure by pillars of the community to notify appropriate authorities. The crime of sexually abusing children is punishable in all jurisdictions. However, what is the duty to report suspected cases by individuals in positions of trust over young people, such as in the church or university sports?
Since the mid-1980s, law enforcement has been investigating allegations of sexual crimes committed by Catholic priests against young boys and girls. These sexual abuse scandals and lawsuits have cost the Church an estimated $2 billion in settlements.1 A 2004 US Conference of Catholic Bishops report found that law enforcement was contacted in only 24% of cases of suspected abuse.2 In other cases, the church hierarchy responded internally or not at all: priests may have been counseled, evaluated, provided treatment, suspended, or limited in their priestly duties.2
In late 2011, prosecutors accused a retired assistant football coach at Penn State University of making inappropriate sexual advances or assaults on boys from 1994 to 2009. The coach allegedly interacted with these children through a charity, which he founded as a group foster home to help troubled boys.3 During this period, several junior employees at Penn State reported to their immediate supervisors that they had observed the coach engaged in sexual activities with children. However, these observations apparently were never reported to law enforcement authorities.
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