Louisiana Senate approves bill requiring witnesses to report sexual abuse

Hummmm, how could one prove another had witnessed sexual abuse? And, while some types of sexual abuse are obvious, are there some not so obvious? Cat calls, whistling, dirty talk etc. to a child which is also not defined.

3-30-2012 Louisiana:

Baton Rouge -- Senators gave overwhelming support Thursday to a bill imposing a sentence of up to five years in prison on witnesses who fail to report the sexual abuse of a child, a measure stemming from the Penn State University sex abuse scandal. Soon afterward, a Senate committee approved a companion measure aimed at preventing employers from retaliating against someone who reports such abuse.

Sen. J.P. Morrell, D-New Orleans, filed both SB 4, which contains the reporting requirements, and SB 158, which provides the employment protections, in response to allegations that Penn State assistant football coach Jerry Sandusky had been molesting children for years and officials had covered up for him. As facts about that case came to light last year, it was alleged that at least one graduate assistant witnessed Sandusky raping a 10-year-old boy and reported it only to others within the coaching staff. Sandusky is awaiting trial on several charges related to the child sex abuse allegations.

The reporting requirement, which passed the Senate unanimously, codifies and expands upon an executive order issued by Gov. Bobby Jindal after the scandal broke. The bill would impose, upon conviction, a five-year prison sentence and a fine of up to $10,000 on any adult who witnesses the sexual abuse of a minor and does not report it to authorities.

In addition, it would impose a penalty of up to three years in prison and a fine of up to $3,000 on any "mandatory reporter" who fails to report it. The bill includes an expanded definition of mandatory reporter to include school bus drivers, coaches, college professors, technical and vocational school faculty, staff members of colleges and vocational technical schools and administrators. Only teachers, teachers aides, counselors and others who deal with children are now mandatory reporters of sexual and physical abuse.

Morrell's other bill would give "whistleblower" protections to anyone who reports such abuse by a co-worker or superior, preventing an employer from disciplining, threatening, harassing or firing them for notifying authorities of the offense. Any employer found guilty of doing so would have to pay triple damages plus attorney costs and court fees if the employee was successful in a lawsuit.

Morrell told the Senate Labor and Industrial Relations Committee Thursday that the fear of reprisals could have prevented those involved in the Penn State case from reporting the situation to police. The committee passed the bill on to the full Senate without opposition.

SB 4 will now head to the House and SB 158 will head to the Senate floor. ..Source.. by Jeff Adelson