House Journal: Page 2246: Tuesday, June 3, 2003
The considerable real life experience of treatment providers and advocates, such as
the Iowa Coalition Against Sexual Assault, indicates that many young people will not
seek counseling or assistance, or even basic medical care, for date rape and similar
crimes if they believe the assault will automatically be reported. For a variety of
reasons, some young victims do not want to become part of the DHS "system."
Mandatory reporting will have a profoundly chilling effect on these victims, and may
endanger their physical and mental well-being by dissuading them from seeking
assistance.
Sexual abuse has the lowest reporting rate of any crime, due to a host of factors
including the extremely personal nature of the assault, embarrassment, fear, and
concerns that the victim will not be believed or will be socially stigmatized. Requiring
mandatory reporting for non-caretaker abuse of 12 to 15 year olds will unwittingly set
up yet another roadblock for young teens struggling to muster up the courage to seek
the medical care and other services they need.
Under the law as it currently stands, service providers have discretion in these
situations. Most reporters will report, permissively, many types of non-caregiver
abuse. There are many instances in which reporting truly is in the best interest of the
minor victim. However, in certain discrete circumstances, reporting may not be the
most helpful option for minors aged 12-15. Permissive reporting allows for intelligent,
sensitive decision making by trained reporters, rather than reactionary, automatic
reporting without regard to individual needs. Of course, for victims under age 12, both
caretaker and non-caretaker abuse trigger mandatory reporting under current law.
This is because there is a presumption that DHS involvement is needed due to the
extreme youth of the child.
The United States Conference of Catholic Bishops has set forth guidelines in a
revised edition of its Charter for the Protection of Children and Young People. These
policy guidelines state that dioceses will report an allegation of sexual abuse of a
person who is a minor to the public authorities and that they will comply with all
applicable civil laws with respect to the reporting of these allegations. Furthermore, in
every instance, the dioceses are to advise victims of their right to make a report to
public authorities and will support this right. In view of the fact this veto includes the
mandatory-reporting-by-clergy provision, I encourage all religious organizations, who
have not already done so, to develop similar strong permissive reporting policies. I also
encourage the legislature next year to pass legislation consistent with the original
intent of House File 206 by broadening the class of mandatory reporters of child sexual
abuse to include the clergy.
For the above reasons, I hereby respectfully disapprove House File 206.
Sincerely,
Thomas J. Vilsack
Governor
© 2003 Cornell College and
League of Women Voters of Iowa
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