Idaho’s parental consent law prohibits minors from accessing rape kit exams without parents

BOISE (Idaho Reports) — A parental authorities measure intended to prohibit aesculapian procedures connected minors without parental consent could besides extremity up unintentionally protecting intersexual predators who maltreatment children.

The caller law, which went into effect July 1, prohibits minors from getting intersexual battle exams, aliases rape kit exams, without parental consent. This becomes problematic if nan perpetrator of nan child’s intersexual battle is simply a parent, family member, aliases adjacent family friend, according to Deb Wetherelt, Idaho State Police intersexual battle caregiver coordinator.

Senate measure 1329 passed during nan 2024 legislative convention connected a party-line ballot successful some chambers. Proponents of nan measure based on that parents should beryllium progressive successful their children’s aesculapian care. The measure allows for aesculapian attraction without parental consent only if it’s “in bid to forestall decease aliases imminent, irreparable beingness injury.”

Gov. Brad Little signed nan measure successful March, but issued a transmittal missive citing concerns astir entree to behavioral wellness and conflicting sections of code.

Wetherelt told Idaho Reports that anterior to nan rule going into effect, immoderate personification 14 years aliases older could springiness informed consent for nan exam.

Sexual battle kits, commonly called rape kits, are exams done by trained caregiver examiners aft an assault’s occurred. The exam involves combing and swabbing nan victim’s assemblage for DNA grounds and photographing injuries, and tin return astir 4 to six hours to complete. The exam’s grounds tin assistance successful some confirming a fishy and ruling retired suspects successful nan assault.

According to nan Rape, Abuse and Incest National Network, an estimated 93 percent of kid intersexual maltreatment perpetrators cognize their victims, and 34 percent are family members.

Wetherelt hopes that successful these situations, a genitor would bring nan kid successful and consent to nan exam. But that hasn’t ever been her experience. She offered nan illustration of a kid claiming a stepparent aliases their mother’s fellow had abused them.

“So, what I’m going to do arsenic a nurse, if a kid comes successful and says, ‘My stepdad did this to me,’ and mom says ‘she’s a liar, she’s been thing but a liar since she’s 8 years old, this is not true. He would ne'er do that.’ And I will show you that happens each excessively often arsenic well,” she said.

That doesn’t mean nan authorities can’t intervene. “At that point, I’m calling rule enforcement who will besides initiate a telephone to CPS to do an assessment,” Wetherelt said.

But kid protective services assessments return time. The forensic laboratory will return grounds up to 5 days aft nan alleged maltreatment occurred. If nan kid reports nan maltreatment 2 days aft it happens, that limits nan SANE nurse’s clip to get an statement successful spot to do nan exam, Wetherelt explained. Even aft 5 days, erstwhile CPS aliases nan tribunal grants permission, a SANE caregiver tin look for injuries and trial nan kid for sexually transmitted infections aliases pregnancy, but by that point, most, if not all, DNA grounds will beryllium gone.

“The bigger portion of that, and for these children especially, is that affectional and intelligence wellbeing,” she said. “What’s going to hap to that kiddo erstwhile she goes home? Mom calls her a liar, and says ‘Now you’ve sewage nan cops involved. Now CPS is coming to nan house. Are you happy?’ Now, those are nan things I interest about.”

The lead sponsor of nan bill, Senate Majority Leader Kelly Anthon, R-Burley, said successful an Aug. 2 email to Idaho Reports that this was not nan intent of nan bill.

“It was surely not nan intent of nan rule to limit constabulary investigation of these kinds of crimes,” wrote Anthon. “I will beryllium happy to look astatine nan connection of nan statue to spot if a alteration is needed. To my knowledge, nary 1 from nan Idaho State Police has contacted maine connected this matter.”

Anthon said he planned to scope retired to ISP.

Senate Minority Leader Melissa Wintrow, D-Boise, voted against nan bill. She did not cognize if sponsors were alert of this effect erstwhile they projected nan bill’s introduction.

“I was begging group to not walk that measure because not each parents person nan champion intentions successful mind,” Wintrow told Idaho Reports. “You person to person an flight hatch for younker and their health.”

Wintrow said she had concerns that those who brought nan authorities didn’t speak pinch stakeholders thoroughly.

“It is our work to spot really it will effect everyone,” Wintrow said astir projected legislation. “In committee, I didn’t spot immoderate stakeholders support it.”

Idaho Reports reached retired to nan governor’s agency aggregate times for remark and did not person a consequence by Monday afternoon.

If you aliases personification you cognize has been sexually assaulted and is successful crisis, telephone nan National Sexual Assault Hotline astatine 800-656-HOPE (4673).