Minor pregnant with kid of a 25yr old

[LdiJ]

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

You go ahead and keep believing that.

 

[HRZ]

Somebody needs to step up to make sure law enforcement follows up and the criminal is brought to justice !
..

 

[Zigner]

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.

A small correction: The age difference has to be 3 or more years, not 2 or more years. (It doesn't change the facts in this thread, though.)

 

[Zigner]

You go ahead and keep believing that.

LdiJ - you are WRONG on this one. Take some time...read the law...read on other sites having to do with age of consent in California.

 

[justalayman]

A small correction: The age difference has to be 3 or more years, not 2 or more years. (It doesn't change the facts in this thread, though.)

I didn’t see a Romeo and Juliet defense. I saw a limitled Romeo and Juliet defense but it was in the form of making a three year or less difference in age a misdemeanor only where a wider gap can be a misdemeanor or a felony.

Have I missed something?

 

[justalayman]

You go ahead and keep believing that.

Why yes, I will keep believing the truth and legally correct position.

Your argument fails because regardless of the emancipation for purposes of medical decisions, the girl is a minor for all other purposes, including issues involving sexual relations.

As to your argument of HIPAA

If HIPAA was a limiting factor in this situation, it would be a limiting factor in any situation. Whether the other party is 16 or 69 doesn’t matter. HIPAA deals with medical related information. Your argument that if the father was under 18 is not a medical info issue. It is a issue for criminal law. It is not a HIPAA violation to report a patient for criminal activity, which appears to be your basis for the doctor not being able to report the girl if the father of the child is under 18. It doesn’t matter.

In fact, the doctor may even be required to report the offense of his own patient if the father of the child is under 18 and he has dependable evidence of the matter. Mandated reporters are required to report suspected abuse just as they are obligated to report factually known issues.

There is an exception for clergy but I’ve found nothing excluding a doctor from being mandated to report suspected child abuse

 

[stealth2]

There is an exception for clergy

Which... well....

 

[justalayman]

Which... well....

Merely reporting on the laws, nothing more

 

[HRZ]

If the girl was 15 at time of getting pregnant or first provable rape the class of crime goes up as does the civil $ penality options .

 

[Zigner]

I didn’t see a Romeo and Juliet defense. I saw a limitled Romeo and Juliet defense but it was in the form of making a three year or less difference in age a misdemeanor only where a wider gap can be a misdemeanor or a felony.

Have I missed something?

No, I was only pointing out that the only age-difference in this matter relates to 3 or more years older...of course, it doesn't mean it's not a crime, it simply means the difference between a misdemeanor and a felony, as you stated.

 

[Just Blue]

LdiJ - you are WRONG on this one. Take some time...read the law...read on other sites having to do with age of consent in California.

I honest to God can't believe LD is posting as she is...

 

[Just Blue]

You go ahead and keep believing that.

Please post a law/statute/opinion to back up what you are telling this kid (OP). If you are going to post such "advice" please back it up with law/case law. SOMETHING!

 

[CdwJava]

As I read the statute it can be charged as either a felony or a misdemeanor aka a wobbler

it IS a wobbler, but is generally filed as a felony and pled down to a misdemeanor. At age 25 and 16, I can see it remaining as a felony absent some very serious consideration.

 

[CdwJava]

California has no "Romeo and Juliet" defense. Under 18 is a crime. Period. If within 3 years, it s a wobbler and most often charged as a felony. If, in an interview with police, there is an admission of certain other sexual acts, these can also be charged and are felonies. The former (PC 261.5) is NOT a registerable offense in CA, but the others can be.

As for doctors, medical professionals in CA are NOT mandated to report consensual sexual encounters if the minor is 16 or older, even if the partner is an adult. Unless there is the possibility of force or coercion, it can be a violation of HIPAA for medical offices to report these offenses. There is no law that mandates medical reporting under the scenario as laid out here. This has long been a frustrating element of the law in CA.

However! WHEN the child is born and mom seeks financial aid, you can bet that there will be an inquiry, the name sought, blood tests ordered, and the police called.

 

[quincy]

Here is a fairly comprehensive look at California's laws, "Understanding Confidentiality and Minor Consent in California," published in 2010 by the California Adolescent Health Collaborative and Adolescent Health Working Group:

http://www.publichealth.lacounty.gov/dhsp/Providers/toolkit2.pdf

A medical care provider is a mandated reporter however a report is not always mandated based on age alone. A medical care provider can often use clinical judgment in deciding whether to report or not. This includes reporting on a 16 year old's pregnancy.