OBJECTIVE: Reporting of child sexual abuse is mandatory in all 50
states. Conceptual distinctions between privileged communications and
mandatory reporting are reviewed, and the impact of recent changes in
Maryland's reporting laws is examined. METHOD: Beginning in 1964 Maryland
law required reporting if abuse was suspected when a physician examined a
child. In 1988 reporting of disclosures by adult patients about child
sexual abuse that occurred while they were in treatment was mandated. In
1989 all patient disclosures, even about such abuse that occurred before
treatment, became reportable. During the period of statutory changes, the
Johns Hopkins Sexual Disorders Clinic had kept track of adult patients who
referred themselves for treatment and adult patients' disclosures of child
sexual abuse. This allowed analysis of the impact produced by changes in
the reporting requirements. RESULTS: 1) Mandatory reporting of disclosures
about prior child sexual abuse deterred undetected adult abusers from
entering treatment. The rate of self-referrals when such reporting became
mandatory in 1989 dropped from approximately seven per year (73 over a
10-year period) to zero. This may have caused some unidentified children to
remain at risk. 2) Mandatory reporting deterred patients' disclosures about
child sexual abuse that occurred during treatment. In 1988 the disclosure
rate during treatment dropped from approximately 21 per year to zero. This
deprived clinicians of information important for early intervention. 3)
Mandatory reporting failed to increase the number of abused children
identified. The number identified secondary to such disclosures was zero.
CONCLUSIONS: Optimal protection of children, as well as treatment for adult
patients, may be better accomplished by legislation that supports options
other than reporting.
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