Intro
Reporting Requirements
Types
Talking to
a Child
Making the
Report
Conclusion
Reporting Requirements
Reporting requirements vary slightly for a few groups. This training has been adapted specifically for UW-Extension volunteers and employees. Click the UW-Extension logo below to continue.
Sexual Abuse
Define
Recognize
Practice
Listen to audio
Sexual abuse is defined as when any person commits any of the following acts (listed below). Unless otherwise specified, a child is defined as someone under the age of 18.
It's a pretty long definition. Take a few moments to read it and then we will break it down to examine the different parts. The various phrases included in the definition have very specific meanings. Click on the questions when you are ready to continue.
- Sexual intercourse or sexual contact
- with a child 15 years of age or younger (consent is not a consideration)
- with a child 16 or 17 years old, in a situation in which the child could give consent (i.e. With another 16 or 17 year old child), but does not give consent.
- with a child by the child’s foster parent (consent is not a consideration)
- with a child placed in substitute care, by a person who works at, or volunteers at, or has a responsibility to manage the facility where the child is placed (consent is not a consideration)
- with a child who receives direct care or treatment services from certain organizations or facilities (child welfare agency, shelter care, child care center, etc.), by an employee, licensee, or non-client resident of the organization or facility (consent is not a consideration)
- Sexual exploitation of a child
- Permitting or encouraging a child to engage in prostitution
- Intentionally causing a child to view or listen to sexually explicit conduct for the purpose of sexually gratifying oneself or sexually humiliating the child
- Exposing oneself to a child or causing the child to expose himself or herself for the purpose of sexually gratifying oneself or sexually humiliating the child
- Child Sex Trafficking
- This crime is committed by one who knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s.940.302(1)(a)
TIP: Not all sexual crimes against minors are included in the legal definition of sexual abuse. Law enforcement agencies investigate all types of sexual crimes against children and take whatever action might be indicated under the criminal code. As a mandated reporter, you are only required to report those circumstances that are defined as sexual abuse in the reporting law, as described in s. 48.981 of the state statutes and Executive Order 54 and as discussed in this section.
You can download a printable copy of the questions shown below. (PDF)
Sexual Abuse Scenarios
1) You volunteer at a middle school in an afterschool community learning center (CLC) educational program as part of a University of Wisconsin-Extension project. You overhear Lindsey, one of the girls in the program, talking about her stepfather. She tells her friends that her stepfather is really cool and lets her drink with him and watch X-rated films. You ask her to stay behind and ask her how things are going at home. She appears uncomfortable, mumbles “fine” and leaves abruptly.
Are you required to report?
Correct: You are required to report.
If what Lindsey said is accurate, then there is reasonable cause to suspect either sexual abuse (her stepfather intentionally causing her to view sexually explicit conduct) or threatened sexual abuse (a stepfather who is habituating her to adult sexual behavior and might be “grooming” her). She doesn’t have to directly tell you what happened in order for you to have a reasonable cause to suspect maltreatment. EO#54 requires you to report if you gain the suspicion while engaged in your volunteer role.
Incorrect: You are required to report.
If what Lindsey said is accurate, then there is reasonable cause to suspect either sexual abuse (her stepfather intentionally causing her to view sexually explicit conduct) or threatened sexual abuse (a stepfather who is habituating her to adult sexual behavior and might be “grooming” her). She doesn’t have to directly tell you what happened in order for you to have a reasonable cause to suspect maltreatment. Also, even if you gain a reasonable suspicion while off-campus, EO#54 requires you to report if you gain the suspicion while engaged in your volunteer job duties.
2) You casually comment to a teenaged girl at a camp you are volunteering at that a friend of hers, Julia, seems to be preoccupied today and not participating as usual. You are surprised when she tells you that it’s because 17-year-old Julia is afraid she might be pregnant. You talk to Julia, and she confides that her boyfriend of a year is a high school senior, 18 years old, that they thought they had taken the proper precautions, but they are both afraid they might have done “something stupid.” She says they are going to Planned Parenthood together after camp to get a pregnancy test. She assures you that she was not pressured in any way to have sex. At the end of camp, her boyfriend comes by to pick her up, and they walk away, holding hands for a few moments.
Are you required to report?
Correct: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
Incorrect: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
1) 12-year-old Stacy hangs around after class at the end of the day. You chat about things going on at school with her as you organize your classroom, but she’s distracted and isn’t following your conversation. When you are ready to leave, it is clear that she isn’t. Finally, with encouragement, she tells you that she is supposed to stay with her grandparents that night and she doesn’t want to go. Although she is clearly uncomfortable, she finally discloses that the last time she visited, her grandfather took her down to the basement, rubbed her between her legs, then put his hand on her chest over her breasts and told her she was getting to be a big girl and would need a bigger bra soon. She doesn’t want her parents to know, but she just can’t go stay with her grandparents. She doesn’t want you to tell anyone.
Are you required to report?
Correct: You are required to report.
Stacy has described behaviors that are sexual contact as defined in the law. It does not matter that Stacy has not specified that the touching was direct contact with her genital or breast area, as touching under or over clothing would still be sexual abuse. Even though she doesn’t want you to tell anyone, you are required to report and cannot honor her request.
Incorrect: You are required to report.
Stacy has described behaviors that are sexual contact as defined in the law. It does not matter that Stacy has not specified that the touching was direct contact with her genital or breast area, as touching under or over clothing would still be sexual abuse. Even though she doesn’t want you to tell anyone, you are required to report and cannot honor her request.
2) You find four-year-old Caitlin in the bathroom at the child care center where you work, having oral contact with the genital area of 4-year-old Liza, imitating oral sex. You separate the children, pull their pants up and talk to them about not doing that again. Liza says it was Caitlin’s idea and that Caitlin told her what to do.
Are you required to report?
Correct: You are required to report.
Knowledge of this kind of sexual behavior is unusual for a four-year-old child, giving reason to suspect that Caitlin might have been victimized in the same manner by someone else or may have observed this behavior. (A child accidentally observing this behavior is not sexual abuse, but someone intentionally causing a child to view or listen to this behavior is sexual abuse.) The behavior meets the definition of sexual intercourse in the law. And because Liza has now been subjected to it, both children should be reported as suspected victims.
Incorrect: You are required to report.
Knowledge of this kind of sexual behavior is unusual for a four-year-old child, giving reason to suspect that Caitlin might have been victimized in the same manner by someone else or may have observed this behavior. (A child accidentally observing this behavior is not sexual abuse, but someone intentionally causing a child to view or listen to this behavior is sexual abuse.) The behavior meets the definition of sexual intercourse in the law. And because Liza has now been subjected to it, both children should be reported as suspected victims.
3) You are a counselor in a residential care facility where 16-year-old Brett is receiving treatment for behaviors which could not be adequately addressed by community services. He eventually discloses to you that his adult uncle started touching his genitals when he was 11 and first sexually assaulted him anally when he was 13. Brett says it’s the first time he told anyone about it. His uncle hasn’t touched him since he was 14, and he asks you not to say anything to anyone.
Are you required to report?
Correct: You are required to report.
Brett has described behaviors that meet the definition of sexual contact and sexual intercourse. It does not matter that it happened several years ago and that there is no reason to believe he is currently in danger. The statutes do not limit your reporting responsibilities to a timeframe within which it must have occurred. Brett is still a child that you have seen in the course of your professional duties and you have reasonable cause to suspect that he has been sexually abused. Brett’s request to not say anything cannot be honored. Furthermore, the possibility that the uncle has access to and might be victimizing other children needs to be considered.
Incorrect: You are required to report.
Brett has described behaviors that meet the definition of sexual contact and sexual intercourse. It does not matter that it happened several years ago and that there is no reason to believe he is currently in danger. The statutes do not limit your reporting responsibilities to a timeframe within which it must have occurred. Brett is still a child that you have seen in the course of your professional duties and you have reasonable cause to suspect that he has been sexually abused. Brett’s request to not say anything cannot be honored. Furthermore, the possibility that the uncle has access to and might be victimizing other children needs to be considered.
4) You casually comment to a teenaged girl on the team you coach that a teammate and friend of hers, Julia, seems to be preoccupied today and not playing up to her usual skills. You are surprised when she tells you that it’s because 17-year-old Julia is afraid she might be pregnant. You talk to Julia, and she confides that her boyfriend of a year is a high school senior, 18 years old, that they thought they had taken the proper precautions, but they are both afraid they might have done “something stupid.” She says they are going to Planned Parenthood together after soccer practice to get a pregnancy test. She assures you that she was not pressured in any way to have sex. At the end of practice, her boyfriend comes by to pick her up, and they walk away, holding hands for a few moments.
Are you required to report?
Correct: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
Incorrect: You are not required to report.
Julia is 17 years old, and although consensual sexual intercourse with her is a misdemeanor, it is not defined as sexual abuse under legal provisions related to reportable child abuse. There is no reasonable cause to suspect that she was assaulted — she states the sexual activity is voluntary, there is no unusual age span between Julia and her boyfriend, and her description of her boyfriend’s behavior as well as your observations seem to suggest a caring relationship. The fact that the boyfriend is a legal adult (18) and the possibility of Julia being pregnant do not change the other facts: all indications are that the sexual intercourse was completely voluntary.
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