Minor pregnant with kid of a 25yr old

[LdiJ]

The age makes the crime fall under a different section of law but the age of consent in California is 18. It is still a criminal act.

Yes, but there is patient/doctor confidentiality and the doctor cannot report based purely on age because then the doctor would be reporting on his own patient, since both parties would be breaking the law.

 

[Just Blue]

Yes, but there is patient/doctor confidentiality and the doctor cannot report based purely on age because then the doctor would be reporting on his own patient, since both parties would be breaking the law.

Huh?

 

[justalayman]

Yes, but there is patient/doctor confidentiality and the doctor cannot report based purely on age because then the doctor would be reporting on his own patient, since both parties would be breaking the law.

You’re nit getting what a mandated reporter is obligated to do, are you?


https://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.asp

 

[LdiJ]

You’re nit getting what a mandated reporter is obligated to do, are you?


https://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.asp

I know exactly what a mandated reporter is supposed to do. However, under the law a pregnant teen is emancipated for medical purposes and therefore the doctor must obey the patient/doctor confidentiality rules. Since the doctor cannot report his own patient, he cannot report under just the age rules.

 

[Just Blue]

I know exactly what a mandated reporter is supposed to do. However, under the law a pregnant teen is emancipated for medical purposes and therefore the doctor must obey the patient/doctor confidentiality rules. Since the doctor cannot report his own patient, he cannot report under just the age rules.

You are wrong. Flat out wrong. There are exception to the Doctor/Patient Confidentially rules...and a sexually abused minor is one of the exceptions.

 

[cbg]

Dad could be 18 and it would still be a criminal act. If dad were 18 it would definitely be a misdemeanor, however; the potential felony comes in since Dad is over 21. But it's a crime no matter what.

 

[justalayman]

I know exactly what a mandated reporter is supposed to do. However, under the law a pregnant teen is emancipated for medical purposes and therefore the doctor must obey the patient/doctor confidentiality rules. Since the doctor cannot report his own patient, he cannot report under just the age rules.

Emancipation does not equal no longer a minor. For the purposes of medical treatment the kid gets to make her own decisions but that does not make her an adult.

 

[HRZ]

BTW this wobbler might be good for 4 years in jail on a bad day in court,..

What social genius is playing Solomon not to have law enforcement involved ?

IF there is a super compelling reason that new child will have major benefits by not having his or her fathers illegal conduct reported to law enforcement we have yet to see it posted!

 

[cbg]

Okay, I'm going to be blunt here. This is for the OP.

There are only two reasons why a 25 year old would be with a 16 year old, and neither does him any credit. Either he is much more than usually immature for his age, and I'm talking about immature enough so that he should have a legal guardian taking charge of his affairs, or he is after one thing and one thing only, and it appears that he's gotten it. If her parents are sufficiently negligent as to allow this marriage to take place, she will soon find that she doesn't see her friends any longer, that she is rarely leaving the house and none of them are coming to see her, that's she's spending 100% of her time caring for the baby and tending to her husband's needs, and that his needs are taking up more and more of her time. He'll be angry if things aren't done precisely as he demands, and demands is the exact word. He will be controlling her every move and every aspect of her life. It's pretty much certain that if she puts up any kind of resistance at all, one of two things will happen; he will be physically abusing her, or he will leave her for another young girl that he still can control.

And yes, I know, he's not like that and she's much more mature than other 16 year olds and I don't know them and how dare I judge. Yadda yadda yadda. Heard it all before. Still stand by the answer.

If you care anything at all for this girl, you will report this relationship to everyone you can find to report it to and hope someone listens.

 

[not2cleverRed]

Yes, but there is patient/doctor confidentiality and the doctor cannot report based purely on age because then the doctor would be reporting on his own patient, since both parties would be breaking the law.

That's not how CA law works.

1) The age of consent is 18. The 16 yeah old has not broken the law: she has not had sex with someone under 18, and she herself is not legally able to consent.
2) BTW, the age difference is greater than 2 years (no close in age/Romeo Juliet exception applies), the guy is in fact over 21, so if the sex started before she turned 16 it's a felony.

 

[HRZ]

And with a bit more bad luck somebody may sign this young woman out of school or into some alternative program of very suspect educational value such that she has problematic options to do even OK in the job market and provide for her child .

 

[PayrollHRGuy]

Yes, but there is patient/doctor confidentiality and the doctor cannot report based purely on age because then the doctor would be reporting on his own patient, since both parties would be breaking the law.

I think I've seen you say this before in response to what is likely a statutory rape case. What law do you think the minor has broken?

 

[LdiJ]

I think I've seen you say this before in response to what is likely a statutory rape case. What law do you think the minor has broken?

The point was only if both parties were minors. If both parties are minors then both parties broke the law by having sex with each other. The original post that started this particular line of discussion was one where it was stated that the doctor was a mandated reporter and therefore would report the pregnancy and start the legal ball rolling.

I said that would only happen if somebody admitted to the doctor that the father was NOT a minor...particularly that the dad was 25. The poster disagreed with me and said that the doctor would report the pregnancy to the authorities anyway because sex was illegal under 18. I disagreed because of doctor/patient confidentiality...including the fact that a pregnant teen is medically emancipated.

Bottom line: It is my opinion that a doctor certainly would be mandated to report if they believed that a 25 year old impregnated their 16 year old patient. However, they would not do so if they believed that the father was also a minor, because then their patient would have committed a crime as well (sex with a minor) and the doctor would be violating doctor/patient confidentiality if they reported.

 

[justalayman]

The point was only if both parties were minors. If both parties are minors then both parties broke the law by having sex with each other. The original post that started this particular line of discussion was one where it was stated that the doctor was a mandated reporter and therefore would report the pregnancy and start the legal ball rolling.

I said that would only happen if somebody admitted to the doctor that the father was NOT a minor...particularly that the dad was 25. The poster disagreed with me and said that the doctor would report the pregnancy to the authorities anyway because sex was illegal under 18. I disagreed because of doctor/patient confidentiality...including the fact that a pregnant teen is medically emancipated.

Bottom line: It is my opinion that a doctor certainly would be mandated to report if they believed that a 25 year old impregnated their 16 year old patient. However, they would not do so if they believed that the father was also a minor, because then their patient would have committed a crime as well (sex with a minor) and the doctor would be violating doctor/patient confidentiality if they reported.

They would be mandated to report any 16 year old kid regardless of who impregnated them. The age of the father is irrelevent other than for the level of crime. Any rape of a. Minor (statutory rape if you prefer) must be reported

 

[Ohiogal]

I know exactly what a mandated reporter is supposed to do. However, under the law a pregnant teen is emancipated for medical purposes and therefore the doctor must obey the patient/doctor confidentiality rules. Since the doctor cannot report his own patient, he cannot report under just the age rules.

Wrong