Commented case 02 of 6 · illustrative
A disclosure in the classroom and the reporting chain that protected her
An illustrative, composite case: no fact, person or school in this account is real. A sixth-grade primary student discloses to her teacher a situation of sexual abuse at home. The case follows the reporting chain done correctly — listen without questioning, inform the same day, refer within twenty-four hours — and sets out with equal care what the teacher decided NOT to do: investigate on her own, look for proof, or confront the family.
Step by step
What happened
11:40 a.m. — The classroom empties
A sixth-grade primary student takes longer than usual to pack up her things. When she is alone with her teacher, she says quietly: “Miss, can I tell you something if you don’t tell anyone?”
The teacher sits down at her level and answers honestly: “You can tell me whatever you want. I’m not going to promise to keep it to myself, because if someone is hurting you, my job is to find who can protect you. What I do promise is that you won’t be alone in this and that I’ll tell you every step I take.”
The girl speaks. She mentions an adult in her household and a situation of a sexual nature. The teacher does not ask for details, does not ask her to repeat, does not ask for proof, does not suggest names or answers. She listens, nods and commits the exact words to memory.
11:55 a.m. — The first thing she does
She walks the student to the Orientación y Psicología office (the school guidance and psychology service) and leaves her with the counsellor. Before returning to the classroom, she writes on a dated and signed sheet what the girl said, with her exact words in quotation marks, without interpretations or conclusions of her own. She gives a copy to the school leadership.
12:30 p.m. — The leadership decides
The principal calls in the counsellor. Neither of them phones the house. Neither of them summons the adult named. There is no confrontation, no verification, no “let’s talk to the family first so we don’t commit an injustice”. The leadership drafts the referral to the Ministerio Público (the public prosecution service) and notifies CONANI (the National Council for Children and Adolescents) that same day.
2:00 p.m. — Immediate protection
The team assesses the risk of the girl returning home that afternoon and states it expressly in the referral, so that the competent authority can decide the protective measures. The school does not decide on its own where the girl will sleep: it reports who is at risk and why, and whoever holds the legal power resolves it.
The following days
The counsellor supports the student without questioning her again. The teacher treats her exactly as before: the same demands, the same affection, no different looks. Nobody on the staff discusses the case in the staff room or in the WhatsApp group. When a local outlet calls the school, the leadership refers them to the Regional’s communications office (the MINERD regional education office) and makes no statement.
The school file records dates, times and decisions. Not one line contains an opinion on whether the events occurred: it is not for the school to determine that.
The legal reading
What the law protects here
What the law protects here
The duty to report does not require certainty. It reaches “knowledge or suspicion” of a situation of abuse, binds staff of public and private schools alike, and leaves the person reporting “exempt from criminal and civil liability” Art. 14Ley 136-03 Art. 11Ordenanza 05-2023. On the other side is the consequence of staying silent: failing to inform the judicial or administrative authorities about ill-treatment or sexual offences against a child or adolescent is a criminal offence Art. 325Ley 74-25, as is refraining from reporting when under an obligation to do so Art. 327Ley 74-25.
Professional secrecy is no obstacle: the law expressly excludes from it the giving of information to the authorities about sexual offences or other cruelty against a child or adolescent Art. 196Ley 74-25. The deadline is concrete: the MINERD Código de Ética requires cases of child abuse, whether psychological or sexual, and of exploitation, to be referred to the Ministerio Público or to CONANI within a maximum of twenty-four hours Art. 42MINERD Code of Ethics. The student’s right to be heard in the school setting protects the conversation Art. 16Ley 136-03.
Which decisions were protective, and why
- Not promising absolute silence. That is the promise that cannot be kept. The teacher offered something better and genuinely keepable: support and transparency about every step.
- Listening without questioning. The investigative interview belongs to specialised staff: asking too much contaminates the account.
- Writing down the exact words the same day. A dated record preserves the account intact and protects the person who reported.
- Reporting the risk, not resolving it. The school named the danger and left the protective measure to the competent authority.
- Keeping confidentiality and not speaking to the press Art. 14MINERD Code of Ethics, and protecting the student’s image and identity Art. 186Ley 74-25 Art. 12Ley 136-03.
The tempting shortcuts and what they risked
Investigating on your own — looking for proof, interviewing classmates — looks like diligence and is the opposite: it can alter evidence Art. 324Ley 74-25 Art. 326Ley 74-25. Confronting the family before reporting is the most dangerous mistake: it warns the person who may be the abuser and exposes the girl to reprisals. And waiting for “something more solid” turns an immediate obligation into a punishable omission Art. 325Ley 74-25.
A transferable practice
Rehearse out loud, before you need it, the sentence of honesty with which you answer “don’t tell anyone”. Whoever has practised it does not improvise an impossible promise.
The team’s commentary
What this case teaches
Español — The Spanish version is the reference text — the legal verification described in the audit report was carried out on it.
Audit report — the independent legal review of this material, with the errors we found and corrected (page in Spanish).
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