Breaching minor patient's confidentiality?

[Lawstudent14]

Are doctors obligated to report consensual sex between minors (15 years of age) to authorities and parents in the US? What is the legal standing or practice on this issue in majority of US states (especially Virginia)?

 

[cbg]

Oh, no, you don't. No one here is going to give you permission to have sex at 15/with a 15 year old.

 

[justalayman]

that question is very state dependent. In some states, a minor is not capable of consensual sex at the age of 15. In others they are. If a doctor becomes aware of crime due to the age of a patient, they are generally mandated to report it to the authorities.

 

[Ohiogal]

Age of consent in Virginia is 18. So if the patient is under that age, a doctor may very well report said act to the authorities under the mandated reporting laws. Go figure.

 

[FarmerJ]

Where I work we are by state law also mandated reporters and in our annual training that addresses maltreatment , abuse, neglect and vulnerable persons and our obligation to report we have been assured that even if we are wrong as long as we reported in good faith that we will not have any negative consequences.

 

[Ohiogal]

Where I work we are by state law also mandated reporters and in our annual training that addresses maltreatment , abuse, neglect and vulnerable persons and our obligation to report we have been assured that even if we are wrong as long as we reported in good faith that we will not have any negative consequences.

And it is NOT up to state mandated reporters to do an investigation to determine whether said abuse is actual or just prima facie based on facts presented -- such as the age of the patient (being under 18 is enough) to report possible statutory rape.

 

[ecmst12]

I find it highly unlikely that a doctor will feel the need to report a 15 year old patient talking to them about having consensual sex with their boyfriend or girlfriend. Rape, abuse, etc, yes, but not consensual sex. The doctor needs to maintain a position of trust with his or her young patients and would want to provide a safe environment where they can get advice about birth control and STD prevention.

 

[RRevak]

Are doctors obligated to report consensual sex between minors (15 years of age) to authorities and parents in the US? What is the legal standing or practice on this issue in majority of US states (especially Virginia)?

Are you a parent hoping your childs doctor will tell you whether or not the child is having sex or are you the minor in question?

 

[justalayman]

Are you a parent hoping your childs doctor will tell you whether or not the child is having sex or are you the minor in question?

or a third possibility:

the person having sex with the minor.

 

[ecmst12]

Both of the partners involved here are minors.

 

[CdwJava]

This ENTIRELY depends on the laws of the state in question.

In my state of CA this would not be a mandated reporting incident. While the act would be a crime and the doctor may be permitted to discuss the findings of a medical exam with the parents, there would be no mandate for them to report this to law enforcement or child services here.

 

[justalayman]

This ENTIRELY depends on the laws of the state in question.

In my state of CA this would not be a mandated reporting incident. While the act would be a crime and the doctor may be permitted to discuss the findings of a medical exam with the parents, there would be no mandate for them to report this to law enforcement or child services here.

Really? California is so liberal they do not require, neigh, demand a medical professional report a case of statutory rape to the authorities? Shame on you folks. You speak as if the doctor gets to decide if it is ok if the child's rapist is held to account for the crime or not.

 

[Ohiogal]

I find it highly unlikely that a doctor will feel the need to report a 15 year old patient talking to them about having consensual sex with their boyfriend or girlfriend. Rape, abuse, etc, yes, but not consensual sex. The doctor needs to maintain a position of trust with his or her young patients and would want to provide a safe environment where they can get advice about birth control and STD prevention.

The doctor is a MANDATED reporter. The issue is in the state of Virginia and the age of consent is 18. And, who reports the situation is kept confidential. Hence a 15 year old in a state where the age of consent is 18 are being raped.

 

[CdwJava]

Really? California is so liberal they do not require, neigh, demand a medical professional report a case of statutory rape to the authorities? Shame on you folks.

Medical professionals here are also not permitted to share birth control, pregnancy, and other sexual information even with parents absent consent of the minor.

I'm as dismayed as you are.

You speak as if the doctor gets to decide if it is ok if the child's rapist is held to account for the crime or not.

Technically speaking, consensual sex (even if unlawful as a result of age) is NOT "rape." A conviction for unlawful intercourse (felony or misdemeanor) also carries no sex offender registration here, either.

And, the doctor is NOT required to ask about the age of a minor's sexual partner.

I don't write 'em, I don't have to like 'em, I just have to follow 'em.

 

[CdwJava]

The doctor is a MANDATED reporter. The issue is in the state of Virginia and the age of consent is 18. And, who reports the situation is kept confidential. Hence a 15 year old in a state where the age of consent is 18 are being raped.

This depends entirely upon the laws of that particular state. As I mentioned, in my state where the age of consent is 18, underage sexual intercourse that is not forced and where the minor is not under the age of 14 is NOT a mandatory reporting issue. It is also not "rape" even if the act might be unlawful.

It also appears that consensual sex between two 15 year olds is not unlawful in VA, therefore I doubt that a doctor is mandated to report this act. The law may even prohibit the doctor from telling the parents of either child without the child's consent, either.