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

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.

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Filed under: Divorce Child abuse
Attorney answers 4

Best Answer
Posted

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@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

My friend has suspicion that her husband was involved in an inappropriate relationship with his student. She has cell phone records that show them texting each other for 6 months. she was away during the time. Is she still required to tell. she is afraid of him and is afraid to report it.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

She doesn't have evidence of an improper relationship, but the texts could be incriminating. She should take copies of the texts if she has them to the Police department and at thesame time get a protective order.

Posted

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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Mary Katherine Brown

Mary Katherine Brown

Posted

Indeed, the judgment displayed in this difficult situation may later be subjected to vey close scrutiany. I suggest your friend have a confidential consultation immediately with a family law attorney who can analyze the entire situation and advise your friend accordingly.

Asker

Posted

My friend has suspicion of this. She has cell phone records showing them texting for 6 months. People have told her that her husband were always together. However, she doesnt have concrete proof, other than cell phone records. Should she stiil report? Is there a time limit to report it?

Jayson Lutzky

Jayson Lutzky

Posted

texting is not proof of sexual intercourse. Your friend may want to consider discussing the matter with a divorce lawyer if this is impacting her relationship with her husband.

Posted

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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