My friend is a high school teacher and she recently discovered that her husband was involved in an inappropriate sexual relation

Asked over 1 year ago - New York, NY

My friend is a high school teacher and she found out that her husband was involved in a sexual relationship with his 16 year old student while she was away. She has proof of the affair and she is divorcing her husband. Her husband has moved out of the home. As a mandated reporter of child abuse, is she legally required to report the sexual misconduct of her husband? She does not want to be the one to report him because of her children.

Attorney answers (4)

  1. Mary Katherine Brown

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    Answered . Your friend's "mandated reporter" obligation is in the context of her role as a high school teacher. Thus, if the information regarding the 16 year old student came to her in that context she MUST report. If she does not, she may face serious consequences herself. If she has proof (real proof) of an illegal sexual relationship between her husband and a 16 year old, she should report it regardless of how she obtained such proof.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  2. Jeffrey Bruce Gold

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    Answered . If the child he had sex with was 16, your friends husband is in the eyes of the law a rapist, and sexual predator. It is because of her children that she should turn him in if she has proof. If she can't bring herself to turn him in, then she should give the information to someone else who will, and who will act independently of her. She's in a tough spot, but she knows what she has to do. If the husband is also a teacher, she needs to contact the administration.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Jayson Lutzky

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    Answered . I agree with the prior responder's with one addition. If your friend fails to report it, then later if it comes up possibly it could be used against her as far as whether she is competent to protect her own children.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Maria C. Tebano

    Contributor Level 15

    Answered . As a school teacher, she is a mandated reporter and must report his behavior. To the extent that she has a daughter, she should be inclined to protect that child.

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