united-states criminal-law children
If one is threatened, are they allowed to stay silent with no legal consequences?
<p>Andy the abuser is doing unspeakable things to his child. His wife Wendy witnesses and is aware of this. Normally, Wendy would also be held liable for not reporting this horrible crime (at least I assume so @.@). But what if Andy threatens Wendy? Is Wendy's silence allowed with no repercussions in that case? As a simple example, Andy could say that he'll beat Wendy badly if she ever goes to the police. As a more elaborate example, Andy could be a mafioso, and say that he has &quot;his boys&quot; tailing Wendy at all times, so she &quot;better not try anything funny&quot;.</p>

<p>Following <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=26.44&amp;full=true#26.44.080" rel="nofollow noreferrer">RCW 26.44.080</a>,</p>
<blockquote>
<p>Every person who is required to make, or to cause to be made, a report
pursuant to <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=26.44.030" rel="nofollow noreferrer">RCW 26.44.030</a> and 26.44.040, and who knowingly fails to
make, or fails to cause to be made, such report, shall be guilty of a
gross misdemeanor.</p>
</blockquote>
<p>Mandatory reporting applies to many people such as doctors, teachers, coaches, also</p>
<blockquote>
<p>(d) The reporting requirement shall also apply to any adult who has
reasonable cause to believe that a child who resides with them, has
suffered severe abuse, and is able or capable of making a report.</p>
</blockquote>
<p>There is a defense to criminal charges in <a href="https://apps.leg.wa.gov/rcw/default.aspx?cite=9a.16&amp;full=true#9A.16.060" rel="nofollow noreferrer">RCW 9a.16.060</a> which says</p>
<blockquote>
<p>(1) In any prosecution for a crime, it is a defense that: (a) The
actor participated in the crime under compulsion by another who by
threat or use of force created an apprehension in the mind of the
actor that in case of refusal he or she or another would be liable to
immediate death or immediate grievous bodily injury; and (b) That such
apprehension was reasonable upon the part of the actor; and (c) That
the actor would not have participated in the crime except for the
duress involved.</p>
</blockquote>
<p>There are limits to the duress defense:</p>
<blockquote>
<p>(2) The defense of duress is not available if the crime charged is
murder, manslaughter, or homicide by abuse. (3) The defense of duress
is not available if the actor intentionally or recklessly places
himself or herself in a situation in which it is probable that he or
she will be subject to duress. (4) The defense of duress is not
established solely by a showing that a married person acted on the
command of his or her spouse.</p>
</blockquote>
<p>What you describe sounds like duress. Technically, Wendy could report the abuse to all sorts of other government entities besides the police and not run afoul of the threat, but it is quite reasonable to assume that Andy intended the beating regardless of who receives the report.</p>
