Professionals who work in forensic mental health are confronted with a myriad of complex situations that are not always black and white in nature. The most difficult situations are those that involve allegations of child abuse and molestation. Because of these uncertainties, all states and state institutions, as well as many private agencies, have put in place safeguards to handle these allegations.

The first significant issue associated with allegations is the “duty to warn.” Duty to warn statutes rose from Tarasoff v. Regents of the University of California in 1976. Essentially, the case measured the need for confidentiality versus the duty to warn in cases in which the client might be suicidal. Along the way, the ruling was expanded through case law and state statutes to include homicidal tendencies and child abuse and neglect.

In response to Tarasoff and other rulings, states enacted laws to protect children and others. In Georgia, we have comprehensive requirements for reporting. Each code listed also has penalties for failure to report. In response to these laws, most public institutions (hospitals, schools, universities, etc.) have written plans of action to cover these situations, including my private practice. The policy defines abuse, neglect and exploitation, and it outlines what each employee (from office staff to practice director) is responsible to do, and how to report the allegations.

I would not be opposed to increasing the parameters of mandatory reporting, but I simply believe education is a better way to protect our children.

Although the nature of such allegations is hard to swallow for many, the need to protect children far outweighs the possibility of a false report. Making a report does not imply the incident occurred, simply that an allegation has been made. It is indeed egregious when a person charged with caring for and ensuring the safety of our children fails to act. This is especially sickening when the failure to act leads to more victims.

The emotions surrounding sexual abuse are well known: fear, anxiety, shame, guilt, regret, anger, depression. Most victims simply want the pain to go away. Children almost universally blame themselves. Talking about sexual abuse is extremely difficult. It requires victims to relive the episode in multiple situations beyond their control, thus exacerbating the lack of control they feel in their lives.

Our judicial system is not set up to protect children or victims. It is set up to allow the accused to face their accusers. This fear of their secret becoming public is why many victims do not come forward. It is hard enough to live with the shame and guilt of allowing yourself to be victimized (never mind the victim is a child who was manipulated and groomed and/or threatened). Now, the victims must face the perpetrator. They must recount their abuse repeatedly: to police, to attorneys, to judges, to advocates, and then in front of the perpetrator, often being recorded, in a large room full of strangers.

Being sexually molested is inherently difficult to deal with. Coupled with the judicial process, it is nearly unbearable. In high-profile cases, this is magnified immeasurably. Not only have these children been victimized and are full of shame and guilt, but they also bear the responsibility of having an icon relieved of his duty. Regardless of how irrational these feelings are, they also feel responsible for the jobs lost by the others involved in this tragedy.

The graphic recounting of the events over and over only contributes to the hurt and pain felt as these children navigate the maze of our judicial system as well as the fickle court of public opinion.

My heart goes out to those victimized by people who place past accomplishments above the safety of our children.

Dr. Tom D. Black is a licensed professional counselor with Darsey, Black & Associates in Hinesville.