Legal Question in Family Law in New York
Family Councelor Legal Obligation
Would a family councelor have a legal obligation to report to police a criminal sexual act between a parent and child? How does one seek counceling with out wanting the police involved?
1 Answer from Attorneys
Re: Family Councelor Legal Obligation
If the counselor believed the abuse was continuing or likely to be continued, then he must report it as a crime creating 'serious bodily harm'.
The key is if the abuse has ended or not. If it has ended, then the counselor may not report the past crime.
One way to rebuilt the family without enduring any jail time is to have the offender turn himself in. A voluntary confession initiated by the abuser may not even be charged by the police. In addition, the 'public' confession may be very helpful towards the victim's healing.
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