Should a mandatory reporter report teen sexual activity to law enforcement or the police as statutory rape without the patients permission?
No. Even though the minor may be the victim of a statutory sex offense, there is no blanket requirement that all crimes be reported to the police.27 Furthermore, a health care provider who reports a minor’s sexual activity to the police without the patient’s permission (or the parent’s permission if the minor is unable to consent to the health service) has breached patient confidentiality, committed professional misconduct and made herself vulnerable to lawsuit by her patient and to professional licensing sanctions. Hospital policies that mandate or permit reporting of “statutory rape” to the police (or to child protective services without further evidence of abuse) also make the hospital vulnerable to a lawsuit.
