Idaho’s anti-trans law makes it illegal to medically examine child rape victims

A recent anti-trans law from Idaho is having a big impact on child sexual assault cases — namely, it prevents doctors from administering rape kit examinations on children without parental consent. This means that if a child is sexually assaulted by a parent, forensic investigators and medical authorities will likely be unable to collect evidence to prove that it happened.

The bill, Senate Bill 1329, restricts minors from receiving any kind of medical care without parental consent. This can include STI testing, mental health treatment, treatment for gender dysphoria, and the administration of rape kits. The bill was passed in part to restrict the ability of minors to access gender-affirming care without their parents’ permission.

Related:

Idaho passes law requiring teachers to misgender trans students

The state’s governor has signed numerous anti-trans laws.

In a statement given to Idaho Reports, Deb Wetherelt, a sexual assault nurse coordinator with Idaho State Police, said the law will make it harder for children to report rape to external parties, especially when parents are present.

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“So, what I’m going to do as a nurse, if a child comes in and says, ‘My stepdad did this to me,’ and mom says ‘She’s a liar, she’s been nothing but a liar since she’s 8 years old, this is not true. He would never do that.’ And I will tell you that happens all too often as well,” Wetherelt said.

Wetherelt also detailed how Child Protective Services (CPS) may be called, but in cases like this, doing so can give the parents additional time to cover up the evidence while waiting for CPS agents.

Multiple healthcare providers in the state have issued statements condemning this law. While it is the norm that children cannot receive medical care without parental consent in most states, there are often provisions for emergency and sexual healthcare.

The sponsor of the bill, Senate Majority Leader Kelly Anthon, told Idaho Reports, “It was certainly not the intent of the law to limit police investigation of these kinds of crimes. I will be happy to look at the language of the statue to see if a change is needed.  To my knowledge, no one from the Idaho State Police has contacted me on this matter.”

In a statement condemning the law, State Representative Lauren Necochea (D) said, “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 (D) claimed that Republicans knew of this effect, as this was debated on the congressional floor.

“The fact that this bill obstructs efforts to address sexual assault should not be surprising to its Republican backers because we discussed it before the vote,” Necochea said. “The floor sponsor dismissed concerns, saying providers would report it, so there would be no problem. I explained to my colleagues on the other side of the aisle that the protection of a healthcare provider evaporates if the minor can’t see a provider without parental permission. They voted for it anyway.”

The ACLU of Idaho said in its statement. “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.”

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