Representatives James Spillane and Cyril Aures, both Republicans, have sponsored a bill that would impose misdemeanor criminal penalties on individuals who knowingly provide a false report of suspected child abuse or neglect to the state because they believe such reports occur frequently.
The truth is that child abuse is far more likely to be underreported because of the profound emotional trauma inflicted by abusers. Children often experience fear, shame, confusion, intimidation and threats, making them unable to verbalize the abuse for years — sometimes even decades. Only one in three cases of child sexual assault is ever reported, fewer than 20% are prosecuted and only 3% result in conviction. That is unacceptable.
House Bill 1565 would be a grievous and dangerous law and an impediment to protecting children from sexual predators, especially because family members, friends of the family and persons known to the child are most often the offenders. It takes tremendous courage first for a child to reveal what is happening to them and then for a non-offending family member to report the abuse. When I experienced childhood sexual abuse, there were no laws available to punish sexual predators. We must not go backwards.
In the United States, approximately one in four girls and one in 20 boys experience sexual abuse during childhood. That is not rare — it is outrageous.
Multiple respected organizations and studies validate that false reports of child sexual abuse are rare, including research from RAINN, the Centers for Disease Control and Prevention and the National Institutes of Health.
Research consistently indicates that only 2% to 10% of child abuse reports involve deliberate fabrication. In other words, survivors are telling the truth approximately 90% to 98% of the time.
False allegations can occur in a small percentage of contentious divorce or custody disputes involving coaching or manipulation by an adult. However, even in those situations, studies estimate false reporting rates between approximately 4% and 12%.
Finally, New Hampshire already has laws regarding child abuse and neglect (RSA 169-C:29-31). These laws require all medical professionals and educators to serve as mandated reporters. They are legally required to immediately report any suspicion of child abuse or neglect directly to the state at 603-271-6562. An oral report must be made immediately, followed by a written report within 48 hours if requested by the Division for Children, Youth and Families. Mandated reporters do not need proof — only a “reason to suspect” abuse or neglect.
Reports made in good faith are protected by both civil and criminal immunity. Failure to report suspected abuse is a misdemeanor and may subject professionals, including credentialed educators, to disciplinary or criminal action. Full resources and reporting guidelines are available through the New Hampshire Department of Health and Human Services.
Paula Czech Lesmerises, from Concord, is a retired psychiatric nurse, has a BS in mental health, is a survivor of childhood sexual assault and is advocate for sexually abused children.