State Law Variation Regarding Informed Consent for Sexual Assault Medical Forensic Exams With Adolescents
Connie Gao, Katherine DrabiakBackground
Several states have amended their laws relating to a minor’s ability to consent to medical forensic exams after sexual assault.
Aim
To identify state-by-state legal differences of who may provide informed consent for forensic medical exams with adolescent patients following sexual assault.
Methods
A search of all 50 states using the legal database Westlaw for state statutes pertaining to who may provide consent for sexual assault medical forensic exams on minors.
Results
Unless stated as an exception, parental consent remains a prerequisite for minors to undergo medical forensic exams and medical treatment following a sexual assault. Fourteen states have an exception that allows minors to obtain sexual assault medical forensic exams without parental consent, while twenty-eight states do not have an exception (require parental consent).
Discussion
Legislative divergence across states highlights the importance of health care providers to remain current on their state’s requirements.