An Idaho law enacted in part to prevent transgender youth from receiving gender-affirming care could hinder child sexual abuse investigations.
Senate Bill 1329, which passed the Legislature in March and was signed into law by Republican Gov. Brad Little, prohibits health care providers from providing services to people under the age of 18 without parental consent, except in certain emergency situations. The bill went into effect on July 1.
This means, among other things, that minors cannot undergo sexual assault examinations without parental consent. Idaho Report, on Idaho Public Television. “According to Deb Weatherelt, sexual assault nurse coordinator for the Idaho State Police, this becomes problematic when the perpetrator of a child sexual assault is a parent, family member or close friend of the family,” the show reported.
The Rape, Abuse & Incest National Network estimates that 93 percent of child sexual abusers know their victims and 34 percent are family members.
“What I try to do as a nurse is if a child comes in and says, ‘My stepfather did this to me,’ the mother says, ‘She’s a liar. She’s been a liar since she was 8 years old. This isn’t true. My stepfather wouldn’t do that,’ and I can assure you that this happens far too often,” Weatherelt said. Idaho Report.
“At that point I would call the police and the police would call me. [Child Protective Services] “To carry out an assessment,” she said. But that could delay the gathering of evidence, which could have a negative impact on a child’s mental health, she added.
Previously, anyone over the age of 14 could consent to testing, she said. Other types of care that young people could receive without parental consent included birth control for those over 14 and substance abuse treatment for those over 16, she said. Idaho Press.
This law was enacted in the name of parental rights. It was passed along partisan lines, with Republicans in favor and Democrats opposed. Republicans hold a majority in Congress.
Idaho already bans gender-affirming care for transgender people under the age of 18 and makes it a felony to provide such care. The U.S. Supreme Court ruled in April that the law can go into effect while a lawsuit against it is pending.
Senate Majority Leader Kelly Anthon spoke about the impact SB 1329 will have on victims of sexual assault: Idaho Report“It was not the intent of the law to limit police investigations of these types of crimes. We would be happy to review the language of the law to see if changes are needed. To my knowledge, no one from Idaho State Police has been contacted about this matter.”
Senate Minority Leader Melissa Wintrow, who voted against the bill, said on the show that she was begging people not to pass this bill because “not all parents have the best intentions. We have to make sure there’s an escape route for young people and their health.”
On the day the law went into effect, family physician Crystal Pilak said, Idaho Capital Sun.“It is important that Idaho residents remain vigilant about the harmful effects of this new law,” she wrote. “When they see examples of minors being denied necessary medical services or community health efforts being undermined, Idaho lawmakers should know. While the intentions behind this law may be well-intentioned, any law that interferes with the patient-care provider relationship or instills undue fear in health care providers risks causing unintended harm.”
Source: Advocate.com – www.advocate.com
