Idaho recently passed a new anti-trans law that prevents investigators and medical authorities from examining child rape victims without parental consent. Even if a child is sexually assaulted by their own parent, it is illegal to administer rape kit examinations and collect proof of an incident if that very parent does not give consent. Important protections bestowed upon minors by healthcare providers become nonexistent without parental permission. This bill jeopardizes the autonomy and healthcare rights of countless minors.
The aforementioned bill, Senate Bill 1329, also restricts minors from receiving medical care such as STI testing, mental health, and gender dysphoria treatment without parental consent. Allegedly, the bill was partially passed to prevent minors’ access to gender-affirming care without parental consent. And what a wise way to go about enforcing that…
Deb Wetherelt, a sexual assault nurse coordinator with Idaho State Police, notes how the law will make it more difficult for children to report rape to external parties, especially in the presence of potentially defensive and denying parents. Several healthcare providers have spoken out against the new law. It is normal for medical care to be inaccessible to children without parental consent in most states. However, many states provide emergency and sexual healthcare.
State Rep. Lauren Necochea released a statement stressing how this bill protects predators over minors. She comments, “Imagine a young rape victim being further traumatized by the inability to access necessary medical care because a parent—who may not even believe her, may not be available to provide permission, or who may be the perpetrator—is legally allowed to block it.” Necochea insisted that Republicans knew that the bill would limit police investigations of child-rape crimes, as it was discussed on the congressional floor. Yet they pushed the bill forward anyway.
“The forced parental involvement scheme created by S.B. 1329 will jeopardize the health, rights, and autonomy of young people in Idaho. It interferes with young people’s ability to confidentially access health care, contradicting long-standing medical and research-backed best practices, which demonstrate the critical importance of privacy in medical treatment for young people,” the ACLU of Idaho say in a statement. It is repulsive the way Idaho legislation has disregarded these concerns and obstructed efforts for minors to address sexual assault. This new law endangers vulnerable children instead of providing them with the means to find safety and security.
