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A new Idaho law is keeping child sexual assault victims from receiving care

Idaho State Police’s sexual assault nurse coordinator told Idaho Reports that the new law prevents law enforcement from administering rape kits to minors without parental permission.

SB 1329’s legal impact was evident in recently revamped healthcare statements issued by St. Mary’s Health and Clearwater Valley Health, Terry Reilly Health Services and a cohort of other providers making it clear that minors will not be offered non-emergency care without parental permission.

Children were already not allowed to receive medical care without parental permission in the majority of cases before the passage of SB 1329 according to the American Medical Association, but exceptions for emergency and sexual healthcare are in place in several states including Washington.

MagicShel ,

I know people that were assaulted by their parents, or those protected by their parents. This is tragic. It guts me to think about it.

some_guy ,

Repubs will harm anyone for the sake of flexing power. Especially those with no power of their own. This is really bad.

Chozo ,

Fucking sickening. As if parents are never the abusers. Someone ought to find the names and faces of everyone who pushed this bill forward and plaster them on billboards all across Idaho with the tagline "Defenders of Incest".

From the text of the bill:

(4) Subsection (3) of this section shall not apply, and a health care provider may authorize or furnish a health care service without obtaining the informed consent of the minor child's parent, if:
(a) A parent of the minor child has given blanket consent authorizing the health care provider to furnish the health care service; or
(b) The health care provider reasonably determines that a medical emergency exists and:
(i) Furnishing the health care service is necessary in order to prevent death or imminent, irreparable physical injury to the minor child; or
(ii) After a reasonably diligent effort, the health care provider cannot locate or contact a parent of the minor child and the minor child's life or health would be seriously endangered by further delay in the furnishing of health care services.

I fail to see how a sexually-assaulted child doesn't qualify as a medical emergency, or how providing care wouldn't be considered "preventing imminent, irreparable physical injury". What the fuck is wrong with you, Idaho? Who do you think you are? Texas?

FirstCircle ,
@FirstCircle@lemmy.ml avatar

I don’t know what’s in a rape kit but I’m guessing that there might be something that could (with luck) prevent conception in a female child who’s raped. Idaho Christofascist Republicans WANT rape victims who get pregnant as a result of the rape to be forced to carry the fetus to term. That’s how they exercise power and control over women, and that’s one of the main things that they get off on in life. This news post is absolutely repulsive but nothing surprises me about that Christofascist hellscape called Idaho anymore.

MagicShel ,

This is more about denying the state evidence of who assaulted the child. As one might do if the attacker were a family member that the parents wanted to protect, such as a brother or the father himself.

FirstCircle ,
@FirstCircle@lemmy.ml avatar

I don’t understand: how would prohibiting LE from “administering” a rape kit to a raped minor “deny the state evidence” of who did the raping. Wouldn’t LE still know who the rapist was, independently of whatever medical care the victim received?

bane_killgrind ,

No, a “rape kit” is a colloquialism for the standard set of sexual assault documentation and medical care, which includes providing the victim contraception, presumably prophylaxis, documenting injuries to the victim, cataloguing evidence on the victim’s body, and other things.

A health professional could go into more detail or correct me, this is what I know from conversation.

MagicShel ,

They wouldn’t be able to collect semen. Can someone be prosecuted without that? Sure, but the rape kit would sure help. Especially if the family says it’s all a lie.

Someone I know was flat out forced to recant what she had told a teacher. Getting a rape kit before someone can be forced to recant would be huge in a case like that.

MediaBiasFactChecker Bot ,

American Medical Association (AMA) - News Source Context (Click to view Full Report)Information for American Medical Association (AMA):
> MBFC: Pro-Science - Credibility: High - Factual Reporting: High - United States of America
> Wikipedia about this source

Search topics on Ground.Newshttps://code-medical-ethics.ama-assn.org/ethics-opinions/confidential-health-care-minors

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