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Breaching minor patient's confidentiality?

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ecmst12

Senior Member
Sex between 2 minors is not statutory rape. In any state. How could it be? Both are the same age so who would be the perpetrator and who would be the victim?
 


Ohiogal

Queen Bee
Sex between 2 minors is not statutory rape. In any state. How could it be? Both are the same age so who would be the perpetrator and who would be the victim?
Technically both can be prosecuted. And yeah it is in Ohio. But both must be prosecuted unless there is force -- then the aggressor is the one considered at fault. Talk about a mess of laws.
 

justalayman

Senior Member
Sex between 2 minors is not statutory rape. In any state. How could it be? Both are the same age so who would be the perpetrator and who would be the victim?
actually it is in some states.

if the statute simply states that a person engaging in sex with a person under a certain age, whomever does so is guilty of statutory rape. If both are under that age, then both technically are guilty.
 

CdwJava

Senior Member
Sex between 2 minors is not statutory rape. In any state. How could it be? Both are the same age so who would be the perpetrator and who would be the victim?
In my state is is the crime of unlawful sexual intercourse. The law here states that "any person" who has sexual intercourse with a minor under age 18 has committed the offense. Therefore, BOTH could be committing a crime. Or, as has been opined by some courts and/or prosecutors, only the male can commit the act of penetration, therefore it is only the male who can be charged.

In any event, it is a crime in my state. Call it "statutory rape," or "unlawful sexual intercourse," it is still a crime here and in many states.
 

ecmst12

Senior Member
Even if it is a crime, I think it is actually unethical for a doctor to report it. Then there would be no safe place for the teenager to get medical advice about sexuality.
 

Ladyback1

Senior Member
If a 16 y/o girl went to the Dr. and told the Dr. "I'm sexually active. I want to get tested for STD and/or I want to obtain birth control"....There's not too many Drs. that are going to violate Dr./patient confidentiality--even if said 16 y/o girl tells Dr. that her boyfriend is 19 (or 20).

The Dr. can and will "violate" confidentiality if he/she feels the patient is in danger or is a danger to society.

I would much rather the 16 y/o seek medical care, and be able to trust the medical provider, than not!
 

justalayman

Senior Member
So it's ok with you folks that a doctor ignore a crime?

So a mandated reporter should ignore their legal obligation?

I understand you concern the child be comfortable they can seek medical treatment but when it comes down to it the child must be protected from themselves and possibly any abuser there may be as well. The laws themselves have determine index when a child is in danger; when having sex with the can be considered statutory rape.
 

Ladyback1

Senior Member
So it's ok with you folks that a doctor ignore a crime?

So a mandated reporter should ignore their legal obligation?

I understand you concern the child be comfortable they can seek medical treatment but when it comes down to it the child must be protected from themselves and possibly any abuser there may be as well. The laws themselves have determine index when a child is in danger; when having sex with the can be considered statutory rape.
Well....actually, unless the information is volunteered by the juvenile (doubtful) or the Dr. gets really inquisitive (and really? Most Drs. are not going to ask how old a person's sex partner(s) are), then the Dr. would not know!

I'm not ok w/ anyone ignoring abuse, maltreatment, neglect, etc. of ANY child. However, Dr./patient confidentiality is just as sacred as priest/confessor confidentiality.

So, if a 16 y/o confesses to their priest that they've been having sex w/ their 18 y/o significant other....should the priest report that to police?
 

justalayman

Senior Member
No, the relationship between a priest and parishioner is nothing like that between a doctor and patient. Unless I am mistaken a priest is not a mandatory reporter.


And many states do not care what age the partner is. Anybody having sex with a child below a certain age is illegal, period.
 

Ladyback1

Senior Member
No, the relationship between a priest and parishioner is nothing like that between a doctor and patient. Unless I am mistaken a priest is not a mandatory reporter.


And many states do not care what age the partner is. Anybody having sex with a child below a certain age is illegal, period.



If all the teenagers that had sex were prosecuted as sexual offenders there would be a whole lot more people registered as sex offenders!

And yes, clergy are mandated reporters in quite a few states.

https://www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.pdf
 

quincy

Senior Member
Here is a link to "Statutory Rape: A Guide to State Laws and Reporting Requirements" published by the US Department of Health and Human Services. The Guide is from 2004, so some state laws may have changed, but the mandated reporting requirements are still a good indicator of what different states require mandated reporters to report.

http://aspe.hhs.gov/hsp/08/sr/statelaws/report.pdf

Statutory rape is not always a reportable offense, according to the Guide. Mandatory reporting centers more on child abuse and less on the consensual sexual relationships between minors.
 

CdwJava

Senior Member
Even if it is a crime, I think it is actually unethical for a doctor to report it. Then there would be no safe place for the teenager to get medical advice about sexuality.
It depends on the laws of a particular state, and the age of the child.

A parent is also responsible for the medical care of their child and if they do not have all the info, they cannot make a proper decision. It is difficult to be responsible as a parent if you cannot have all the facts regarding your child's health including abortions and the like.

And if you have a young minor, well, I don't care of they were consenting - a 12-year-old having sex is a crime everywhere and, fortunately, the law still permits a doctor to report sexual violations involving minors under certain ages.

But, in states such as mine, if the child is 14 or older, the doctor is not required to report the sex act nor is he able to discuss it with the parents without the minor's permission.
 

CdwJava

Senior Member
So it's ok with you folks that a doctor ignore a crime?

So a mandated reporter should ignore their legal obligation?
If the law does not mandate them to report it (as in my state) then they are not ignoring their duty. As I mentioned, in my state this is NOT a mandatory reporting issue even though it is a crime for a minor (age 14 or over) to engage in otherwise consensual activity.
 

Just Blue

Senior Member
IMO OP is a Lawstudent (clue to me was user name and how the question was worded...;);) ) looking for others to do homework for him/her. OP has lots and lots of info to write up his/her homework.:)
 

ecmst12

Senior Member
And if you have a young minor, well, I don't care of they were consenting - a 12-year-old having sex is a crime everywhere and, fortunately, the law still permits a doctor to report sexual violations involving minors under certain ages.
If the situation involved a 12 year old, I agree that it would be different and the doctor's ethical responsibility (and quite likely legal responsibility) would be different. But that's not what we are talking about. In an ideal world, all teenagers would be able to talk to their parents about sex and make good decisions about it. But in the real world, greater emphasis should be on preventing the most dire consequences (teenage pregnancy and STDs) than on the teenager's relationship with his or her parents.
 

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