is rape reportable?

~Mi Vida Loca~RN, ASN, RN · Mar 12, 2010

I was always under the impression that trumps confidentiality. I know for kids it does, but I suppose I am not sure adults.

Boog'sCRRN246, RN · Mar 12, 2010

Yeah it definitely shouldn't be kept confidential. Each state has rape protocol that is to be followed by the ED and law enforcement. Photographs do require consent unless the victim is under age 18 or over age 65.

ozoneranger · Mar 12, 2010

I don't know about rape....I had a 16 yr old boy who smashed his 4 wheeler into a tree & broke nearly every bone in his face.

His BAC was astronomically high (acute etoh poisoning high) on admit to our ED.

He told his surgeon that if that information got back to his parents.....he'd sue everyone involved in his care. After consulting risk mgmt. we were told to keep the information confidential, and according to state law, he was well within his rights.

~Mi Vida Loca~RN, ASN, RN · Mar 12, 2010

I don't know about rape....I had a 16 yr old boy who smashed his 4 wheeler into a tree & broke nearly every bone in his face.
His BAC was astronomically high (acute etoh poisoning high) on admit to our ED.
He told his surgeon that if that information got back to his parents.....he'd sue everyone involved in his care. After consulting risk mgmt. we were told to keep the information confidential, and according to state law, he was well within his rights.

I think that would be different though wouldn't it? If a 16 year old came in and was pregnant by her 30 year old boyfriend, depending on the state, that WOULD have to be reported. Depending on the legal consenting age laws that is.

But I also know that in some states at least, if a minor is pregnant she doesn't need parental permission to be treated.

Edited to add,

maybe since he didn't commit a crime they didn't have to say? Although it would be an MIC so I dunno.

ozoneranger · Mar 12, 2010

I think that would be different though wouldn't it? If a 16 year old came in and was pregnant by her 30 year old boyfriend, depending on the state, that WOULD have to be reported. Depending on the legal consenting age laws that is.
But I also know that in some states at least, if a minor is pregnant she doesn't need parental permission to be treated.

Here, a teen can obtain birth control, or, have an abortion without the consent of her legal guardians.

In some circumstances, I can see it.

Truthfully, I think it's a sad commentary on our society as a whole.

dudette10, MSN, RN · Mar 12, 2010

As a parent, some of the laws "protecting" my kids seem to remove my rights to parent them. Ugh.

To the OP: some of the responses haven't directly answered your question, but, within those responses are references to risk management at the facility and protocols. Have you had a chance to check?

ozoneranger · Mar 12, 2010

I think that would be different though wouldn't it? If a 16 year old came in and was pregnant by her 30 year old boyfriend, depending on the state, that WOULD have to be reported. Depending on the legal consenting age laws that is.
But I also know that in some states at least, if a minor is pregnant she doesn't need parental permission to be treated.
Edited to add,
maybe since he didn't commit a crime they didn't have to say? Although it would be an MIC so I dunno.

Oh, but he did. Public drunkenness is a crime, and he was underage to boot. I don't know if law enforcement addressed the issue or not.

I just know we were told to keep his confidence from our end of the ordeal.

~Mi Vida Loca~RN, ASN, RN · Mar 12, 2010

Here, a teen can obtain birth control, or, have an abortion without the consent of her legal guardians.
In some circumstances, I can see it.
Truthfully, I think it's a sad commentary on our society as a whole.

I think you can do the abortion to, maybe it was all sexual health related things. I can't remember. I have mixed feelings on that. I can see both sides.

We had one pt come in and his mom was with him, he wasn't under age though and he did the admission questions. His mom stepped out and he called the nurse, he wanted to let her know he does smoke pot and thought they needed to know but couldn't say in front of mom LOL

~Mi Vida Loca~RN, ASN, RN · Mar 12, 2010

I just tried to google this to see if I could find anything and everything keeps pulling up things involving children. I am interested in knowing. Hopefully someone knows.

NurseLoveJoy88, ASN, RN · Mar 12, 2010

Sexual abuse must be reported if the victim is a minor or a senior. As her nurse you should keep it confidential but should encourage her to report it to the police. Also check with your state laws.

ozoneranger · Mar 12, 2010

The law varies from state to state, special circumstances may apply, depending on the age of the victim or the perp.

Your best bet is to consult risk mgmt.