What to do if you suspect sexual assault of a minor

Rosalyn Chaloner, Case Manager – South Africa, at Medical Protection, shares a case on how to report suspected sexual assault of a minor. 

Dr X consulted with a minor patient. During the consultation, the patient disclosed information that made Dr X suspect that they may have been sexually abused on two occasions.

Dr X contacted Medical Protection wanting to know if the allegations made by the patient constituted sufficient grounds to report the incidents to the relevant authorities.

After reviewing the details of the case, Medical Protection advised that Dr X was legally obliged to report the concerns to a police official under section 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. 

Dr X was further advised to discuss with the patient their obligation under the law before lodging any report in order to try and ensure that the patient was fully informed, adequately prepared and provided with the appropriate support.

The member confirmed that the matters would be reported after further discussion with the patient. 

Learning points

• Practitioners have an obligation to report suspected child abuse, which is enforced by three pieces of legislation. They are the Children’s Act (Act 38 of 2005), the Domestic Violence Act (Act 116 of 1998), and the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007). 

• It is advised to contact your indemnity provider concerning matters involving suspected abuse, whether physical abuse, sexual abuse, or deliberate neglect is suspected, for advice regarding reporting obligations.

• The Criminal Law (Sexual Offences and Related Matters) Amendment Act states that if someone has knowledge, a reasonable belief or suspicion that a sexual offence has been committed against a vulnerable person it has to be reported to a police official. A vulnerable person is confirmed to include a “child or person with mental disability” and a child is defined to be anyone under the age of 18 years. 

• The Children’s Act states that there is a statutory duty to report child abuse and neglect. In terms of section 110 (1) it confirms that there is a duty on certain professionals, including healthcare practitioners, who on reasonable grounds conclude that a child has been sexually abused to report that conclusion to a designated child-protection organisation, the provincial department of social development or a police official.

• The applicable law does not allow for discretion in relation to the reporting obligations concerning minors. However, obligations to report do vary based on the specific scenario of each matter.

• Failure to report under the relevant legislation may lead to practitioners being fined and/or imprisoned. Practitioners might also be held liable for civil damages if the minor suffered harm as a result of the member’s decision not to report the conclusion of abuse. 

• Relevant legislation confirms that someone who makes a report in good faith will usually not be liable for civil action on the basis of the report, even if it is subsequently determined that there was no abuse.