German, L. S., Resch, K., Barber, T., Zuckerman, Y., Stone, J. T., & Cerulli, C. (2017). Bruise Documentation, Race and Barriers to Seeking Legal Aid for Survivors of Violence in Partnership: A Retrospective Qualitative Study. Journal of Family Violence, 32(8), 767-773. doi.org/10.1007/s10896-017-9917-4. Lippy, C., Burk, C., & Hobart, M. (2016). There is no one I can trust: the impact of reporting on the seeking of help and the well-being of survivors of domestic violence. Seattle, WA: National LGBTQ DV Capacity Building Learning Center. “Clergy-penitential privilege” is a privileged communication that protects communication between a member of the clergy and a communicant who exchanges information confidentially.
On request, neither the Minister nor the “penitent” may be compelled to testify in court, by deposition or by other legal proceedings on the content of the communication. [19] Most U.S. states grant privilege, usually in rules of evidence or civil procedure, and the privilege of confidentiality has also been extended to non-Catholic clergy and non-sacramental counsels. [20] Taken together, mandatory reporting (MI) laws affect survivors` ability to seek and receive help. Studies largely highlight the inhibiting effect of MR laws on survivors` demand for help through some formal supports; However, none examine the impact on seeking help across multiple sources of formal and informal support. Other studies highlight the negative impact of law enforcement and child protection systems on survivors, but do not examine survivors` experiences with these systems related to MR laws. In addition, we found very few studies that took into account differences between demographic groups in their analysis of the effects of MR on IPV survivors. Given the disproportionate impact RM laws can have on communities of color and LGBTQ communities, it`s especially important to understand if and how these laws affect survivors differently.
This study examined the influence of MR laws on the help-seeking behaviour of survivors of violence. Using a convergent mixed-methods design, we attempted to answer the following question: (1) How does mandatory reporting affect help-seeking behaviours and outcomes for IPV survivors? (2) How does this vary based on race, gender, sexual orientation and overlap? Training to detect and report suspected child abuse and neglect is crucial to the training of health professionals and patient safety. [19] This training should apply to all types of health professionals, as everyone is legally required to report such cases. Systematically, the likelihood of no abuse and neglect is minimized if all types of health professionals have received similar training to recognize the problem. Almost every state and territory in the United States has enacted child maltreatment reporting laws designed to prevent or respond to child maltreatment. These laws designate certain categories of people who are required to report child abuse or neglect if they have reason to believe that it has occurred or is occurring. However, States differ as to who should prepare these reports, what should be reported and to whom the reports should be addressed. All of these differences can make it difficult for professionals to determine their duties, and even more difficult for victims of domestic and sexual violence to assess the consequences of sharing information about their experiences of abuse.
In the United States, more than 36% (43.6 million) of women have experienced intimate partner harassment, physical or sexual violence at some point in their lives (Smith et al., 2018). According to the CDC, these rates were higher for women of color and men than for their white counterparts (Breiding et al. 2014), and lesbian, gay, and bisexual people have IPV rates just as high, if not higher, than their heterosexual counterparts (Walters et al. 2013). Limited research on spousal violence among gender minorities suggests that transgender people experience spousal violence more often than cisgender people (Langenderfer-Magruder et al., 2016). High rates of domestic violence underscore the need for all survivors to have access to the support they need. However, there is evidence that mandatory reporting (MR) laws can influence survivors` strategies for seeking help (Jordan & Pritchard 2018). This study takes an intersectional approach to investigating how MR affects survivors` help-seeking behaviour and outcomes. The following literature review will 1) describe MR laws and their association with IPV and 2) describe intersectionality and their importance to this study. Similar to previous studies, this study found that MR laws create barriers for survivors seeking help (Jordan & Pritchard, 2018; Goodman et al., 2019). More than one-third of survivors in the sample – regardless of gender, race or ethnicity and sexual orientation – did not seek potential support for MR-related anxiety. Participants described how they mainly feared people in their informal networks.
No previous study has examined how MR laws affect survivors` seeking help from their informal networks; However, this study suggests that these laws have a negative impact on the perceived availability of informal support networks. This perception is likely reinforced by the finding that of the survivors who were notified, more than a quarter were warned by family members or friends. These results may reflect the fact that in more than one-third of U.S. states, all adults are required to be tax filers (Child Welfare Information Gateway, 2016a). On the other hand, some evidence suggests that it may also show a broader lack of understanding of MR laws and protocols, even among those who have received training (Perez-Darby et al. 2015). Given that informal social networks are often the first and most viable form of sustainable support for survivors (Sylaska and Edwards 2014), future research should examine the effects of MR laws that make all adults in the state of tax filers mandatory. Further research should explore how to improve the general public`s knowledge of MR laws to ensure that survivors and support providers know who is registered and who is not, and what they need to report. Another critical point is that the reporting obligation has had unintended consequences. Individuals, including minors who have never been convicted of anything, can be included in child abuse records for decades, limiting educational and employment opportunities due to background checks.