Kansas Loses Ruling on Reporting of Underage Sex

NewsMax ^ | 7/26/04 | AP

[wagglebee]

WICHITA, Kan. – A federal judge ruled Monday that doctors, nurses and other health care professionals in Kansas cannot be forced to report instances of underage sex to authorities.

U.S. District Judge J. Thomas Marten issued a preliminary injunction blocking Kansas Attorney General Phill Kline's interpretation of a state law. Sex involving someone under 16 is illegal in Kansas, even if it involves willing same-age partners. Last July, Kline said the 1982 law requires doctors, nurses, psychiatrists, social workers and others to report such illegal underage sex to law enforcement officials or the state.

Kline said such reporting is required because underage sex inherently involves abuse of a child.

Center for Reproductive Rights, a New York advocacy group, argued that such a requirement would discourages young people from seeking counseling or medical treatment, including abortions.

The judge, siding with the advocacy group, said, "The court is convinced even a limited breach of confidentiality concerning such unique and intimate information could have large implications for the well-being of minors."

[wagglebee]

"The court is convinced even a limited breach of confidentiality concerning such unique and intimate information could have large implications for the well-being of minors."

One large implication is that their lives would not be in as much danger. This judge is a damn moron.

[Recovering_Democrat]

[muawiyah]

More than likely the Judge is protecting his own behavior in Kansas.

Some of these people appointed by Jimmy Carter are perverts.

[fieldmarshaldj]

"This judge is a damn moron."

This judge is also, surprise surprise, a Clinton appointee.

[SandRat]

I bet they still send the medical bill to the parent instead of Judge Meathead.

[weegee]

How does a Sex Positive Agenda (everyone sexual at every age) advocacy group in New York get to argue state law in Kansas?

[familyop]

"How does a Sex Positive Agenda (everyone sexual at every age) advocacy group in New York get to argue state law in Kansas?"

...many of the same kind of people in Kansas, philosophically. In southeast Kansas drinking and sex with/among underage kids is promoted by the who's-who of the community. If that law would've stood, children of merchants, politicians and their judicial workers would be often arrested.

[seastay]

they are covering their asses so they can continue aborting the children of under aged woman without having to admit they are acting as a coconspirators to the crime of covering up the identity of adult fathers.

[newfarm4000n]

I think reporting should only be mandatory if there is an age difference. I fail to see ( except rape) how two 15 year old school kids voluntarily having sex at camp is an abusive situation. I had sex when i was 15 so does that make me an "abuse victim" . Who can i sue ?

[supercat]

I can see reasonable arguments to be made for both sides on this issue. I would suggest, however, that what might have been the best approach would have been to suggest that professionals make clear that they can offer general 'what-if' advice without disclosure, but that any specific advice, treatment, or prescriptions would require disclosure of certain information to certain people.

This would allow children to go to doctors secure in the knowledge that they (the children) wouldn't have to reveal anything if they didn't want to, thus allowing them to be comfortable going there in the first place. Once there, a responsible doctor could then offer some general advice so as to try to convince the child to willingly come forward.

[WOSG]

Another judicial legislator. Who is this moron? Who appointed him?

[muawiyah]

Presumably even you would go along with the idea that a federal judge probably ought to be reported for having had sex with you, as well as his young friend with whom he shared you.