fast
Contributor
Not acting is not a failure to act, and that distinction is important. If I have a responsibility to act then don't, then that's a failure to act responsibly, but if I can act but don't have a responsibility to, then not acting is not a failure to act responsibly.
Tell me not merely what the child could have done to prevent becoming legally bound to eventually pay support to his rapist. What obligations befell his shoulders?
The obligation to report a crime. At this point, however, it seems that he may still have that option.
The message that I'm getting from you is that we have an obligation to report a crime. There are a few things I need to mention. First, I may come to agree with you on this matter, but I need to make sure I'm not myself falling victim to misguided beliefs of others. I do believe there are circumstances whereby people do have a responsibility to report certain crimes, but it should be noted that many people are seemingly forever claiming responsibilities where there are none.
It's a hot button topic, but consider tipping. We do not have an obligation, a duty, nor a responsibility to tip others, yet it's spoken incorrectly that we do. Is it a custom? Sure, but there is no legal responsibility, and even if there is some other kind of responsibility, then surely that's a topic for another thread. My point begins and ends with conveying the tendency of others to say things merely because they believe it to be the case, and since you're most interested in the legal aspects of this issue, I'm all too happy to switch my position if it can be demonstrated that we do in fact have a responsibility to report a crime--and such demonstration not be limited to logical argumentation alone.
The other issue is to make sure it's indeed applicable. Even if it's true (which I'm willing to concede it is) that we do have certain responsibilities to report certain crimes, then we still need to make sure it also pertains to the reporting of an adult raping a child. Further still, we must remember that if you're imbuing the victim with having responsibilities to report, not only must it be the case that the reporting of such crimes is a responsibility, it must also be applicable to the minor in question. Finally, from where does this responsibility originate? I do hope it's a legal responsibility, for if it isn't, then you're going to have a time substantiating the claim that there is in fact a genuine responsibility.
I'll stand by what I said. If there is a responsibility to act, then not acting is a failure to act, but absent the responsibility, then no such inaction is a failure.