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 "his boys" tailing Wendy at all times, so she "better not try anything funny".
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1 Answer
Following RCW 26.44.080,
Every person who is required to make, or to cause to be made, a report pursuant to RCW 26.44.030 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.
Mandatory reporting applies to many people such as doctors, teachers, coaches, also
(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.
There is a defense to criminal charges in RCW 9a.16.060 which says
(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.
There are limits to the duress defense:
(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.
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.
