Skeptic Ginger
Nasty Woman
- Joined
- Feb 14, 2005
- Messages
- 96,955
The fact is, abuse gets reported and health care workers have no motive not to report except on some occasions a reluctance to believe the evidence if it involves making a serious accusation against someone, but that is not the subject of this discussion.Again: it's not the first time I've heard these arguments. When I was a kid in the 1970s it was that we shouldn't outlaw child abuse because then the beaten children won't be able go to school because their parents will be afraid the wounds will be reported. Ergo: it should be legal in the name of child education.
My thought is that the argument for nonreporting becomes a very strange inverse moral universe.
So let me ask you what you think a provider faced with the following entrapment scenario should do, assuming you don't know the caller is lying:
Person on the phone claims to have gonorrhea (GC) symptoms and says she is 13 and her boyfriend is 22. But she wants assurance her boyfriend won't be reported or she absolutely will not come in for treatment.
The law allows the provider to give the girl antibiotics to give her boyfriend, the boyfriend need not show up.
How do you respond? Do you think the statutory rape law in this case takes precedent over good medical judgement? Are you, as a medical provider, obligated to be a law enforcement agent or is your obligation to provide the best medical care your higher priority?
Is it not reasonable to agree on the phone to the girl's request with the goal of trying to intervene in the abuse situation after you are face to face with the girl? Or even to try to intervene to stop the abusive relationship but not doing it through the legal path of the statutory rape law?
Consider that as an experienced women's health care provider, you would likely be familiar with your community and it is common that in some communities, 13 yr old girls are streetwise, have had multiple partners, and simply are not the innocent little kids the law was intended to protect. I'm not referring to deserving the same protection, of course they do. I'm referring to the reality of life for some teens that legislators are often very naive about when they write the laws.
Also consider that as an experienced women's health care provider, you might also know that a girl like the one presenting on the phone may have multiple partners, that GC in women can have mild symptoms and unrecognized infections contribute to the spread of the disease. As a health care provider you would be obligated to report GC and by law you have an obligation to carry out certain interventions to protect potentially exposed individuals. That includes an obligation to inform exposed individuals to seek treatment. Sometimes one does that via the public health agency, sometimes health care providers get assurances from the patient the patient will do it, and sometimes the health care provider informs the exposed person directly if the patient can't or won't do it.
So when you say,
I say you are not aware of the facts, such as the facts I've described above.Obeying the law is not a hard decision.
It doesn't follow. You've made a false assumption here with this analogy. Abusive parents already avoid bringing their injured children in to be seen. When they do bring the kids in, they also come in expecting their lie about the injury to be believed. So mandatory reporting of child abuse is not much of a factor when it comes to children getting care. The kids are not the decision maker.I'm confused, because it follows from your above reasoning that mandatory reporting for children would be a bad idea. It would follow that parents would not bring their abused children in to healthcare, lest the abuse be reported and they be held liable (see the anecdote from my childhood above).
I don't see why it would be different for children.
And very few (probably no) abusive parents would be admitting they injured their child to the health care provider even if there wasn't a law. It's not socially acceptable to admit abuse even to friends and family.
I'm not sure where you heard the argument you are making that what you describe was ever argued as a reason not to enact mandatory child abuse reporting laws. Do you have a source? Or was it just specific to school employees being put on the mandatory reporter list?
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