is rape reportable?

r0b0tafflicti0n · Mar 12, 2010

It depends on your state. In Illinois, where I worked as a Rape Crisis Counselor, if a patient presents in an ER as a sexual assault victim the staff were required to report to the police (who rarely came in Chicago) and to a Rape Crisis agency to have an advocate present for the patient.

r0b0tafflicti0n · Mar 12, 2010

Also, this is not to say that the patient must file a police report; if they choose not to cooperate/press charges, they certainly have the right not to deal with the criminal justice system.

Holly.G · Mar 12, 2010

I was actually just asking in regards to a response I overhead from a law enforcement worker who told a 19 year old girl that if she had told her doctor she got raped, during a checkup it would remain confidential. She herself made it clear that she didn't want to report her rapist. That just got me thinking. That's beyond me... personally i think that If were obligated to report abuse weather its child abuse, adult, elderly or spouse then whats the difference with rape? If a 19 year old girl came in a told you that she was raped, shes obviously a victim of crime. I see rape as physical abuse.

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

I was actually just asking in regards to a response I overhead from a law enforcement worker who told a 19 year old girl that if she had told her doctor she got raped, during a checkup it would remain confidential. She herself made it clear that she didn't want to report her rapist. That just got me thinking. That's beyond me... personally i think that If were obligated to report abuse weather its child abuse, adult, elderly or spouse then whats the difference with rape? If a 19 year old girl came in a told you that she was raped, shes obviously a victim of crime. I see rape as physical abuse.

Are their requirements to report domestic violence as well if the pt. doesn't want it reported?

Children and elderly often times can't advocate for themselves, so I understand why that needs to be in place, I also feel it should be reported for adults, BUT if the woman doesn't want it reported and she comes in to seek help and its reported anyway, it can have a very negative effect on her. Going through something as traumatic as rape she will need to feel she has a place to go to and feel she is safe and if that trust is broken she might not be willing to seek help next time.

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

Are their requirements to report domestic violence as well if the pt. doesn't want it reported?
Children and elderly often times can't advocate for themselves, so I understand why that needs to be in place, I also feel it should be reported for adults, BUT if the woman doesn't want it reported and she comes in to seek help and its reported anyway, it can have a very negative effect on her. Going through something as traumatic as rape she will need to feel she has a place to go to and feel she is safe and if that trust is broken she might not be willing to seek help next time.

Also wanted to add, I know when it comes to police it's a different ballgame, they are under their own obligations if they know a law has been broken. I don't know if this has been crossed over to all states, but it used to be that if they were called for DV and no one wanted to press charges then most likely no arrests were going to happen. I know about 15 years ago in some states they did away with that and it would be up to the officer to decide what to do. I know in WA it became that if the police were called in a DV case SOMEONE was getting arrested. It didn't matter if the other person wanted to press charges or not, the state would.

So I things differ when it's law enforcement. But they have to stick to what can get a conviction. If a woman is raped but says she will not testify or provide evidence and what not, the odds of them pursuing it are not strong, they aren't going to put in all the time and money if the victim isn't going to say yes this happened.

Mexarican · Mar 12, 2010

I was actually just asking in regards to a response I overhead from a law enforcement worker who told a 19 year old girl that if she had told her doctor she got raped, during a checkup it would remain confidential. She herself made it clear that she didn't want to report her rapist. That just got me thinking. That's beyond me... personally i think that If were obligated to report abuse weather its child abuse, adult, elderly or spouse then whats the difference with rape? If a 19 year old girl came in a told you that she was raped, shes obviously a victim of crime. I see rape as physical abuse.

As i understand it...usually you're not required to report (to the legal authorities) something like this because it happened to an adult. Like mentioned before, unless they are a minor or elderly you must keep the confidentiality. And i believe your mistaken...domestic violence or physical abuse towards an adult (not including an elderly person or a minor or a disabled person) is not reportable. Adults have a free will to report on their own anything done to them...if you do so then you would be violating HIPPA if we are talking about healthcare workers.

Mex

NurseLoveJoy88, ASN, RN · Mar 12, 2010

I also learned that if a rape victim threatens her attackers life or makes plan to do violent harm to an attacker we by law have to report it to the police. Now both cases dont seem right to me but thats what it is, at least in my state.

Holly.G · Mar 12, 2010

As i understand it...usually you're not required to report (to the legal authorities) something like this because it happened to an adult. Like mentioned before, unless they are a minor or elderly you must keep the confidentiality. And i believe your mistaken...domestic violence or physical abuse towards an adult (not including an elderly person or a minor or a disabled person) is not reportable. Adults have a free will to report on their own anything done to them...if you do so then you would be violating HIPPA if we are talking about healthcare workers.
Mex

"Section 11160 of the Penal Code REQUIRES health practitioners who, in their professional capacity or within their scope of employment, provide medical services for a physical condition to a patient whom they know or reasonably suspect has an injury that is the result of assaultive or abusive conduct to report this to a local law enforcement agency immediately or as soon as practically possible. A written report to the law enforcement agency is due within two working days. This statute is extremely broad. It includes adults, children and other persons (including spouses).

Failure to comply with these laws is a misdemeanor, punishable by up to six months in jail, by a fine of $1,000, or both."

:confused:

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

"Section 11160 of the Penal Code REQUIRES health practitioners who, in their professional capacity or within their scope of employment, provide medical services for a physical condition to a patient whom they know or reasonably suspect has an injury that is the result of assaultive or abusive conduct to report this to a local law enforcement agency immediately or as soon as practically possible. A written report to the law enforcement agency is due within two working days. This statute is extremely broad. It includes adults, children and other persons (including spouses).
Failure to comply with these laws is a misdemeanor, punishable by up to six months in jail, by a fine of $1,000, or both."

Well their is your answer, rape would be considered assault??

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

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.

Where was he riding the 4 wheeler? I assumed it was in the woods or something which is why I didn't consider public drunkenness but I went on to say he would have been MIC (minor in consumption) which is against the law so I dunno.

Doesn't seem to be well defined lines.

Flare, ASN, BSN · Mar 12, 2010

Along the lines of the drunk minor- don't the parents have the right to request a copy of all lab resport pertaining to their minor son?

Katie5 · 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.

A 16-year old boy, did you say? I guess they teach them younger each year. Talk about warped rule.