Who is Authorized to Consent to a Forensic Medical Exam and Health Care for Sexual Assault Victims Who Are Minors?
Health Law Bulletin #94
Following a sexual assault, victims may have any number of things on their minds: their immediate safety, whether to contact law enforcement, whether to seek medical care, and more. Victims may also have concerns about confidentiality and whether disclosing information about the assault while accessing services will trigger other legal consequences, such as reports to social services or criminal charges for the perpetrator. For victims and the professionals who support victims after an assault, a complex web of laws can make it challenging to understand victims’ options and when victims can exercise control over what happens next. The legal issues are especially complicated when the victim is a minor. In some instances, the context in which a professional works will also change how the law applies to the provision of services to a minor victim, mandatory reporting, and confidentiality.
