Is it a Crime to Have Knowledge of Statutory Rape and Not Act

My question involves criminal law for the state of: Oklahoma
I am a leader within the church. A young lady (15) came to me about how a young man in the church had been pushing her into sex for over a year. She was 13 when this started and he 19. He convinced her not to tell or everyone would blame and hate her. He also told their friends that she asked for it. When he began to lose control over her he began to lash out, tell lies about her and her bestfriend and did his best to turn as many as he could against her. I have seen this for myself but could not figure out what the issue was until she told me. I reported it to the youth minister, who reported it to the pastor. The pastor went to her parents. As of right now no one (but me) wants to go to the authorities. I've been told that in Oklahoma we do not have a choice and that if he hurts anyone else we can be held liable. Is this correct? He, of course, has been removed from any and all leadership roles and will not be allowed among the youth from now on but is this enough? These things happened outside the church. There's nothing that will keep him from preying on someone else.

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Quoting Babs76

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There's nothing that will keep him from preying on someone else.

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Yes, there is. Call the police and report this. If he is in jail, he cannot prey on other little girls. OK law requires that anyone who suspects abuse must report it. Anyone who knows and fails to report it is subject to, and in my opinion quite deserving of, criminal prosecution. There is no protection for privilege either.

That girl is going to need counseling and an examination by a gynecologist, as well.

And if this started when she was 13, it's not statutory rape - it's RAPE. in the first degree - a serious felony.

And if she was pushed into it with "don't tell" - that is rape. Picture this girl being told "have sex with me or else" and crying her eyes out while it was proceeding.

That girl can have a lot of damage: emotional. And even physical damage like tearing to her vaginal lining, sexually transmitted diseases. How did she not get pregnant, or was she also forced to take an abortion pill or something?

Thank you that's what I was needing to know.

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That girl can have a lot of damage: emotional. And even physical damage like tearing to her vaginal lining, sexually transmitted diseases. How did she not get pregnant[/QUOTE]

There is emotional damage for sure. I'm not sure how she didn't end up pregnant.

Under Oklahoma law, you can be charged if you fail to act to protect this child.

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Quoting Okla. Stat. §10A-1-2-101(B)

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B.

1. Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services. Reports shall be made to the hotline provided for in subsection A of this section. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department. Provided, however, that in actions for custody by abandonment, provided for in Section 7 of this act, there shall be no reporting requirement.

2. Every physician, surgeon, or other health care professional including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional attending the birth of a child who tests positive for alcohol or a controlled dangerous substance shall promptly report the matter to the Department.

3. No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.

4. The reporting obligations under this section are individual, and no employer, supervisor, or administrator shall interfere with the reporting obligations of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports suspected child abuse or neglect, or who provides testimony in any proceeding involving child abuse or neglect. Any employer, supervisor, or administrator who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees.

5. Every physician, surgeon, or other health care professional making a report of abuse or neglect as required by this subsection or examining a child to determine the likelihood of abuse or neglect and every hospital or related institution in which the child was examined or treated shall provide, upon request, copies of the results of the examination or copies of the examination on which the report was based and any other clinical notes, x-rays, photographs, and other previous or current records relevant to the case to law enforcement officers conducting a criminal investigation into the case and to employees of the Department of Human Services conducting an investigation of alleged abuse or neglect in the case.

C. Any person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt reporting of suspected child abuse or neglect may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.

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If he remains associated with your church and molests more children, the church (and likely a number of individuals who chose not to act in accordance with their legal duties for the case under discussion) can be looking at massive civil liability.

As Mr. K noted, anyone with a legal obligation to report crimes against children can face serious consequences if they knew about, yet failed to report, victimization to this child, or other children.

I'd STRONGLY suggest that someone from the church contact your local rape crisis center or victim advocacy center and ask them to come and give your church leadership some training on this issue (in many states, state agencies like your attorney general's office also provide free training on issues like this). Given the potential criminal issues and the massive civil liabilities involved if disclosure is made within one's official capacity with the church, you really can't afford NOT to get everyone up to speed on this.

The church's insurance company will probably provide risk management advice if asked.

I doubt that the law requires any citizen to report a crime (regardless of what the previous statue says - check case law).