By Anna Mayor, University Communications and Marketing and USF Health
In the hours following sexual assault, teens may face difficult decisions about seeking
medical care and whether to undergo a forensic exam that could support a future investigation
or prosecution. Understanding their ability to consent to these services can be complicated,
as laws vary widely from state to state
According to the Centers for Disease Control and Prevention, as many as 13% of female
and 9% of male high school students have reported being sexually assaulted, an urgent
reality that USF researchers are aiming to address by equipping medical providers
with knowledge to more effectively treat these populations.
USF Professor Katherine Drabiak
A new study led by Katherine Drabiak, professor in the USF College of Public Health, summarizes laws across all 50 U.S. states and outlines key legal questions when treating adolescents after sexual assault, including who can consent to exams and care, whether parents must be notified and how suspected abuse or neglect is handled. The study was published in the Journal of Forensic Nursing.
The research provides a state-by-state snapshot of the sexual assault forensic exam consent process for adolescents, offering providers critical guidance in navigating inconsistent laws while highlighting how these variations can affect timely care and evidence collection.
To better understand what this means for patients, families and providers, Drabiak
breaks down some highlights from the study.
Can adolescents legally consent to their own care?
Adolescents generally cannot legally consent to their own medical care and parental consent is the standard default. While some states allow minors to make decisions about certain sensitive services, such as testing for a sexually transmitted infection or contraception, exceptions for sexual assault care vary widely. Only a minority of states allow minors to consent to a medical forensic exam, and even fewer allow them to consent to treatment for their injuries, which are governed by separate laws.
Providers often overlook this key distinction: A forensic exam (used to document injuries and collect evidence for potential prosecution) is legally different from medical care (treating the patient’s injuries), and each requires its own consent.
If a parent may be suspected of abuse, providers cannot simply rely on a minor’s consent. Instead, they must follow state-specific legal processes, which may include reporting requirements or obtaining authorization through child protective services or the courts.
What should patients or families know about medical forensic exams and consent?
While medical forensic exams play an important role in identifying a perpetrator and
supporting an investigation, they are also a personal choice that includes important
considerations. The process involves collecting DNA from both the patient and alleged
perpetrator, which is then shared with law enforcement and may be stored in a database,
raising questions about privacy and how that information could be used in the future.
In many states, including Florida, a parent must be involved in the decision due to
legal and privacy implications related to DNA collection. Patients and families should
feel informed, supported and empowered to choose what feels right for them in what
is an otherwise difficult moment.
What are the most common misconceptions about adolescent consent in sexual assault
cases?
The most common misconception is that adolescents can provide their own consent to
their own care in sexual assault cases. In reality, this is only true in limited situations
and a minority of states. Another misconception is that requiring parental consent
is a barrier to minors seeking medical attention. Parents are the legal decision-makers
for minors for most health services because they know their child’s medical needs
and have relevant information. Knowledge of a reported sexual assault is critical
to effectively care for their child. Adolescent consent is more limited than many
assume, and parental involvement remains central in most situations.
How does your study help ensure both legal compliance and better care for patients?
Laws in medical care are complex. This article breaks down each state’s law into a
clear, accessible table format addressing common questions such as who can consent,
when parents must be involved, and what to do if the parent is suspected of the abuse.
This guide may provide health care professionals with a clearer understanding of what
is legally permissible in their state, reducing risk of mistakes and allowing for
appropriate and more supportive patient care.
Connie Gao, a third-year student in the USF Health Morsani College of Medicine, served as a contributing co-author. USF College of Public Health students Claudia Posas-Saravia, Alex Davenport, Ava Newberg, Kiley Powell and Alex
Walker also provided support during the research process.