A Minnesota senator seeks to reinforce state laws to hold adults accountable for not reporting suspected child abuse. This follows an investigation by the Minnesota Star Tribune and ProPublica that found leaders of a Duluth church protecting a child sex predator.
Legislative Initiative
Sen. Erin Maye Quade, representing the Democratic-Farmer-Labor Party from suburban Minneapolis, is focused on cases where adults have concrete knowledge of abuse but fail to report it. She emphasized the necessity of reporting known cases of child sexual abuse and suggested that penalties for failing to report should be more severe.
Church Case Investigation
The Star Tribune-ProPublica report revealed that preachers of Duluth’s Old Apostolic Lutheran Church knew about allegations against Clint Massie, a congregation member, for years. Instead of alerting the authorities, church leaders encouraged victims to forgive Massie and remain silent about the abuse. A notable incident involved preacher Daryl Bruckelmyer, who facilitated a meeting where Massie asked a young girl to forgive him in front of authorities and her family. Massie later pleaded guilty to multiple felony counts related to abusing girls in the church.
Current Legal Framework
Minnesota law requires mandatory reporters, such as clergy, doctors, and teachers, to report when they suspect recent child abuse. Despite the existence of this law, its enforcement has been weak. Out of 28 individuals charged over the last 15 years, only six were convicted, often receiving minor penalties.
The Minnesota Supreme Court has blocked lawsuits seeking damages from those who stayed silent on such matters. In 2007, Justice Paul Anderson stated that courts could not create civil liability due to poor enforcement of criminal law, leaving the decision to the legislature.
Challenges in Enforcement
St. Louis County prosecutors noted that a lack of cooperation from the church community delayed charges against Massie. None of the church preachers have faced charges for not reporting the abuse. Robert Small, head of the Minnesota County Attorneys Association, expressed difficulty in proving that mandatory reporters had sufficient knowledge of abuse.
Federal funding and guidelines drive mandatory reporting laws, although each state, including Minnesota, adapts its own rules. Despite routine training for mandatory reporters, enforcement remains challenging.
Possible Solutions
Some states allow victims to sue individuals or institutions for failing to report abuse. This approach incentivizes better training for mandatory reporters in schools and hospitals. However, Minnesota does not permit such civil suits, reducing the focus on mandatory reporting.
Jeff Anderson, a clergy-abuse attorney, criticizes the current statute as unutilized, noting low chances of criminal or civil repercussions for silent mandated reporters.
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