LEGAL VOID
We should not punish parents for fulfilling their legal obligations.
A legal void occurs when the law assigns responsibility but offers no protection from the consequences of compliance. Parents are required or expected to report domestic violence when children are exposed to or affected by it, yet fulfilling that duty can result in charges of “failure to protect” and the displacement of their children into state custody. When the law demands action without safeguarding those who act, it casts families in a legal void.
When a parent reports abuse to protect their children,
we should not charge them with "failure to protect."
OUR SYSTEM OFFERS
FOR:
PROTECTIONS
The justice system rewards criminals with immunity or reduced charges in exchange for providing information on crimes they were involved in.
Employees who expose corruption or danger in the workplace are legally protected from retaliation, and society celebrates their courage.
Non-offending victims risk losing their children or facing charges for reporting crimes they did not commit.
People who report witnessing a crime are allowed to maintain optimum anonymity and avoid self-incrimination when testifying.
Parents who report danger within the home environment are often held legally accountable, and labeled as negligent by the system.
Teachers, doctors, and social workers are required by law to report suspected abuse and are commended for fulfilling their duty of care.
Parents who report being the victim of a crime are subjected to exposure and scrutiny of their private lives and are incriminated by the very act of reporting.
When professionals report abuse, it is mandatory reporting.
When parents report abuse, it is "failure to protect."
THERE ARE NO PROTECTIONS FOR
Entrapment by Estoppel
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A defendant may not be convicted for an offense when a government official, acting with actual or apparent authority, affirmatively assures the defendant that certain conduct is lawful, the defendant reasonably relies on that assurance, and then the government prosecutes the defendant for that same conduct.