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.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.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.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?
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!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.
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.
It depends on the laws of a particular state, and the age of the child.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.
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.So it's ok with you folks that a doctor ignore a crime?
So a mandated reporter should ignore their legal obligation?
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.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.