The Justice Department watchdog found the Federal Bureau of Investigation (FBI) failed to report certain child sexual abuse allegations to local law enforcement or social services agencies as required by its new regulations.
A 2021 report found that the FBI's failures to promptly investigate allegations of child sexual abuse made against former USA Gymnastics team physician Larry Nassar allowed him to continue abusing victims for months before his arrest in 2016.
Following that report, the FBI enacted a number of changes, including the notification requirement.
However, the inspector general found that serious problems persist in how the FBI handles child sexual abuse cases. The inspector general flagged 42 cases out of a review of more than 300 cases between 2021 and 2023 that required "immediate attention." In some of these cases, "there was no evidence of recent investigative steps taken."
In approximately half of the cases, the "inspector general found no evidence that the FBI followed rules requiring allegations to be reported to local law enforcement." The FBI allegedly followed the requirement to report within 24 hours in only 43 percent of the cases.
According to the watchdog report, one child victim continued to be abused "for 15 months after the FBI first received a tip about a registered sex offender."
The executive assistant director of the FBI wrote in a letter that most of the flagged cases involved a failure to property document completed investigative steps or investigations that did not require further action.
The FBI states that agents investigating crimes against children face an "overwhelming" burden, with a flood of tips to law enforcement and greater use of technology to conceal offenses. Budget cuts have also impacted the FBI. In one case, an agent had around 60 open investigations.
In April 2024, the Justice Department announced a $138.7 million settlement with more than 100 individuals who accused the FBI of grossly mishandling the Nassar allegations. "Justice Department Watchdog Finds Failures in FBI's Handling of Child Sex Abuse Cases" www.usnews.com (Aug. 29, 2024).
Commentary
It is unclear how many of the reporters to the FBI were mandatory reporters. What is a concern is that safe adults are told or mandated to report, but not all reports are taken in properly or investigated.
Nevertheless, standards exist. Most state mandatory reporter laws designate to whom a report of suspected child sexual abuse must be made. The laws vary by state.
Usually a report is required to be made to the state or local child protective services or to local law enforcement, as in Arizona. In Pennsylvania, for example, mandatory reporters must make an immediate and report of suspected child abuse to ChildLine electronically at www.compass. state.pa.us/cwis or by calling 1-800-932-0313, while Colorado requires reports be made to the "county department, the local law enforcement agency, or through the child abuse reporting hotline system."
There is a national hotline that is usually not designated as a reporting vehicle by a state; however, it is widely-used. In 2023, the National Center for Missing & Exploited Children (NCMEC) received 36,210,368 reports of suspected child sexual exploitation through its CyberTipline®.
According to the CyberTipline®, reports made to the tipline are then made available to law enforcement in the U.S. including Internet Crimes Against Children Task Forces and other local, state and federal agencies. "When the state is unknown, the reports are made available to federal law enforcement in the U.S." missingkids.org
Here are steps for those who must report suspected child sexual abuse:
- If a life-threatening emergency exists, dial 911.
- If not a life-threatening emergency, contact a child protective services agency or local law enforcement immediately.
- Get a name, title, department, phone number and email address from your law enforcement and/or child protective services contact. Take notes and preserve your communications with law enforcement and/or child protective services.
- Tell the law enforcement and/or child protective services contact the facts that form the basis of your reasonable suspicion of child sexual abuse. Be prepared to provide dates, times, and names of witnesses. Do not speculate or provide information that you know is false or misleading.
- Follow the directions of law enforcement and/or child protective services contact on preserving the safety of the child.
- If applicable, let your employer know that you have made a report to law enforcement or child protective services.
- Provide emotional support to the child when possible.
- Do not argue, blame, or interrogate the child.
- Do not try to convince the child he or she is mistaken.
- Do not direct any anger or retaliation toward the child.
- Allow law enforcement and/or child protective services to interact with parents and/or caregivers.
- Follow-up with law enforcement and/or child protective services on your report.