Citation

Albrandt B. Tex. Law Rev. 2002; 81(2): 655-678.

Copyright

(Copyright © 2002, Texas Law Review Association)

DOI

unavailable

PMID

unavailable

Abstract

Battered women face many more problems than being beaten, however. Many find themselves as defendants in criminal proceedings--a result of fighting back, attempting to defend themselves, or using drugs or alcohol to dull the mental and physical pain from the abuse. As if the abuse and criminal charges were not enough, battered women with children face another potential battle. All fifty states, as well as Puerto Rico and the Virgin Islands, have passed some type of mandatory child abuse reporting statute, which are a requirement in order for states to receive federal grants under the Child Abuse Prevention and Treatment Act. All mandatory reporting statutes require physicians to report, but many also require the same of social workers, teachers, child-care workers, nurses, law- enforcement personnel, and even citizens generally. Most statutes abrogate at least the doctor-patient and husband-wife privileges, and courts have held that the defense of “privileged communications” is unavailable for anyone included in a mandatory reporting statute. The attorney-client privilege is usually preserved, but some states require attorneys to report suspected child abuse, even if it places their clients in additional legal difficulty. Attorneys who defend battered women in states that include attorneys as mandatory reporters are trapped between loyalty to their clients and the statutes that require them to report suspected child abuse. This conflict seriously undermines the criminal defense of battered women.