A prosecutor in Pennsylvania has made a rare turnabout in a mandated reporter case and dismissed charges against a Mormon clergy member. According to the defense attorney, the victim was an adult at the time of reporting the prior abuse to the defendant, and requested confidentiality. The clergy member consulted legal counsel, who advised that Pennsylvania law does not mandate a report when the victim is an adult at the time of disclosure.
In Pennsylvania and many other states, laws do not mandate a report when the victim discloses abuse after turning 18. The District Attorney's decision to drop charges did not directly address the law, but cited the victim's request that charges be dropped.
It's a reminder that consulting legal counsel is essential, but even then prosecutors may not know the nuances of the law. What the law says and what you can be prosecuted for may sometimes be very different standards.
"When Mr. Hintze received the report of past abuse, the victim at the time of the report was an adult. This now-adult victim asked him to keep the matter confidential. Mr. Hintze immediately consulted with legal counsel. Under the circumstances, a report to law enforcement was not required. As such, and honoring the adult victim's request, no report was made.
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