Guidance Sheet: Reporting Suspected Child Abuse by a Family Member

1. Recognize the Duty

  • Child safety comes first: Legal and ethical duties to report abuse do not change based on familial ties.
  • Mandatory reporting laws apply to teachers, social workers, medical professionals, and anyone legally required to protect children.

2. Legal Obligations

  • In Spain: Article 189 of the Penal Code criminalizes possession, production, and distribution of child pornography.
  • Failing to report suspected abuse can lead to criminal liability and civil consequences.
  • Reporting protects the child and ensures investigation by competent authorities.

3. Steps to Take

  1. Preserve Evidence Securely
    • Letters, messages, call logs, or other documentation should be stored safely.
    • Avoid sharing evidence with anyone other than authorities.
  2. Contact Competent Authorities
  3. Seek Professional Support
    • Therapists trained in trauma for guidance on coping with the emotional burden.
    • Legal counsel to ensure reporting is done safely and accurately.
  4. Protect Yourself and the Child
    • Limit direct contact with the abuser if possible.
    • Authorities can implement safety measures (restraining orders, supervised visits, etc.).

4. Emotional Support Resources

  • Therapy / Counseling: Trauma-informed therapy for dealing with betrayal and family conflict.
  • Support Groups: Networks for survivors of abuse or family-perpetrated trauma.
  • Hotlines:

5. Key Principles

  • Reporting is not betrayal; it is a responsibility to protect vulnerable children.
  • Family loyalty does not override child safety.
  • Protecting the child may involve difficult emotional decisions, but it is legally and ethically required.

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