Police Officer’s Privilege Against Self-Incrimination Prevented Reporting His Own Sexual Assault Of A Minor.

Minor plaintiff was sexually assaulted by a police officer when she was on an explorer program and doing ride-alongs with him. She brought an action against the City, alleging the City was vicariously liable for the police officer’s negligence based on his breach of the mandatory duty to report the sexual abuse to a child protective agency under Penal Code section 11166(a). The trial court sustained the City’s demurrer to the third amended complaint without leave to amend. The appellate court affirmed, agreeing with the trial court that the Child Abuse and Neglect Reporting Act did not impose a mandatory duty for the police officer to report his own acts of sexual abuse of a minor since such a requirement would render the statute unconstitutional as a forfeiture of the police officer’s Fifth Amendment privilege against self-incrimination. Kassey S. v. City of Turlock  (Cal. App. Fifth Dist.; January 17, 2013) 212 Cal.App.4th 1276.