Crimes Mandatory Child Abuse Reporting Crimes Assault and Battery on a Child: This crime requires contact with a child under fourteen (14) years old that causes bodily injury. Bodily injury can include burns, broken bones, injury to any internal organ, or repeated bruising. There are enhanced penalties for an assault and battery on a child that results in a substantial bodily injury or risk of death.

• Negligent Caretaking: Caretakers may also be punished for recklessly permitting bodily injury to happen to a child or permitting another to commit an assault and battery on a child causing bodily injury.
  
  
• Rape of a Child: There are two different types of rape involving children: forcible rape and “statutory” rape.
  
  
  • Forcible rape of a child: Rape of a child is the same as rape of an adult, except that this statute applies when the victim is under the age of sixteen. Rape is nonconsensual sexual penetration by force or threat of force. It includes sexual penetration of the mouth, anus, labia or vagina, and penetration by a penis, a finger or an object. Evidence that the victim “fought back” is not required. The victim or offender can be either male or female.
    
    
  • Statutory rape: Statutory rape is any sexual penetration of a child under the age of sixteen, even if the child consents. This law is based on the belief that children under 16 years of age are not capable of consenting to sexual penetration under any circumstances. As discussed above, sexual penetration can include sexual intercourse, oral sex, digital (finger) penetration, and anal penetration. The victim can be a girl or a boy.
    
    
  • Assault with intent to rape a child: Assault with intent to rape a child is the same as assault with intent to rape an adult, with the additional requirement that the victim be under sixteen (16) years old. Proof of assault with intent to commit rape is generally shown by some act toward the commission of a rape. Examples include torn clothing or undergarments of the victim, attacker’s statements of intent to rape the victim or physical injuries to the victim.
    
    
  • Indecent assault and battery on a child under 14: An indecent assault and battery requires a deliberate touching of the breasts, buttocks, genitals or inner thighs. If the child is under fourteen (14) years old, consent is not an issue. The law considers a child under 14 years of age incapable of consenting to an indecent touching. If the child is fourteen or over, see Rape and Sexual Assault.
    
    To learn more about rape and sexual assault in general, click on Rape and Sexual Assault.
  
  
• Kidnapping a minor
  
  
  • Victim under sixteen: The crime of kidnapping a child under sixteen (16) is the forcible or secret confinement of a child under the age of sixteen (16) against her/his will. It does not apply to the parent of a child.
    
    
  • Custodial kidnapping: Custodial kidnapping can occur whenever one parent of a child under eighteen (18) years old takes that child away from the other parent, intending to keep the child away permanently, without the permission of the court.
  
  

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Mandatory Child Abuse Reporting

Massachusetts law requires certain professionals, such as doctors, police officers, day care workers, social workers, clergy, and teachers, to notify the Department of Social Services (DSS) when they suspect that a child is or has been abused or neglected. This includes sexual, physical, and emotional abuse and neglect. Anyone can notify DSS if they suspect that a child is being abused or neglected. However, the professionals listed above are required to report to DSS.

When a report is made, the Department of Social Services (DSS) conducts an investigation. DSS is required to refer cases of sexual abuse, serious physical abuse, and child deaths to the District Attorney’s Office and police for criminal investigation as well. Typically, the DSS and criminal investigations of sexual and serious physical abuse are coordinated to prevent unnecessary interviews of the child. DSS will also assign a social worker to develop a service plan for the child and the family to provide the support, counseling and social services the child and family may need. The parent or guardian may also be required to fulfill certain requirements to ensure the child’s health, safety, and emotional well-being.

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