Tennessee bill ensuring teen rape victims have access to sexual assault exams fails
Evidence collection kit. ()
Legislation to guarantee teen victims of sexual assault the right to a forensic rape exam without parental consent failed in the Tennessee Legislature last week, despite drawing strong bipartisan support.
The legislation was brought as a technical fix to the 2024 'Families' Rights and Responsibilities Act,' which established a parent's right to 'make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf.'
The legislation was among the most recent brought in reaction to the lingering impacts of COVID-era vaccine and testing mandates. Tennessee lawmakers have already passed legislation requiring parental consent for all vaccines.
But forensic rape exams, which include collecting evidence for law enforcement and providing medical care and support to victims, were not explicitly made an exception to the 2024 parental consent law, which adds hefty penalties for healthcare providers who fail to comply: parents have the right to sue doctors and nurses who fail to get their consent, and healthcare providers may face professional discipline, including the loss of their licenses.
As a result, some sexual assault centers in Tennessee are interpreting the law as tying their hands in serving teens without a parent's permission and have turned young victims away to avoid legal repercussions, victim advocates in Tennessee said this week.
TBI makes progress in reducing rape kit backlog
'We have ended up with programs across the state interpreting this law differently,' said Jennifer Escue, CEO of the Tennessee Coalition to End Domestic & Sexual Violence. At least one sexual assault center in East Tennessee has told her it has been unable to serve teen victims on the advice of its attorneys, she said.
'The consequences of this are potentially devastating,' Escue said. 'It takes so much courage, so much bravery, to seek out an exam. To be denied that…they could very well decide they don't want to go through with reporting the crime. It denies an opportunity for collecting evidence, and it might be that someone who is sexually assaulting a minor goes free.'
Most teenagers do inform their parents, Escue said. But others may feel reluctant or afraid.
Teens are far more likely to have been victimized by someone inside their home or within their family circle, including a parent. A 2024 Tennessee law allowing the death penalty for child rape convictions may add to the reluctance by even nonoffending adults to consent to a teen's rape exam if the perpetrator is known to them, she noted.
The Sexual Assault Center in Nashville continues to provide forensic exams to teens 14 and older, a practice it has opted not to change with the passage of the 2024 law, said Rachel Freeman, president of the Sexual Assault Center in Nashville.
Facing criticism for turning away victims, Murfreesboro hospital to 'rebuild' sex assault program
'We've had legal counsel saying they can interpret this either way,' she said. 'We've decided it's worth the risk, and the right thing to do is provide exams to minors who need them.'
'This is time sensitive,' Freeman said. 'It cannot be done after 96 hours. That's a very short period of time to try and convince, let's say a mother, to try and get a rape kit.'
The bill by Sen. Heidi Campbell and Rep. Bob Freeman, both Nashville Democrats, would have explicitly ensured that the 'consent of a parent or guardian is not required for the victim to receive a forensic medical examination' for minors who are victims of sex crimes.
The measure easily sailed through legislative committees and received a rare unanimous vote on the House floor.
Then it stalled on the Senate floor last week after Sen. Adam Lowe, a Republican from Calhoun, raised the spectre of children as young as his elementary school-aged daughter undergoing a rape exam over allegations that did not involve a parent as perpetrator.
'Someone could take my daughter for an examination without notifying me,' Lowe said. 'That would be a very potent and traumatizing experience.'
Sen. Brent Taylor, a Memphis Republican who previously voted in favor of the bill in committee, then moved to send the bill back for further committee debate, citing 'serious concerns' raised by Lowe and effectively killing the measure for the year.
Victim advocates said Lowe's concerns are based on a misunderstanding of systems in place to address child rape and sexual abuse.
The Sexual Assault Center in Nashville does not provide rape exams to elementary-school-aged children. The agency serves victims starting at age 16, Freeman said.
Child sex abuse victims 13 and younger are typically referred to Child Advocacy Centers and undergo a separate pediatric forensic process, Law enforcement and the Department of Children's Services are notified.
'The reality is a five year old is not going to get a medical legal rape kit,' Freeman said.
Like all sexual assault centers, Freeman's agency is a mandatory reporter of child abuse: the assault on any victim under the age of 18 who visits the center is reported to the Department of Children's Services and law enforcement, which, in turn, contact non-offending parents.
'They certainly pull in parents when that happens,' Freeman said. 'The reality is that the people who need to know will end up knowing.
Freeman worries that teens in Tennessee will be discouraged from seeking out help after being sexually assaulted but stressed that sexual assault centers will help them.
A statewide crisis line can direct teens and other victims to available services and resources. The Tennessee Statewide Sexual Assault Hotline is available 24/7 to provide support and information to sexual assault survivors: 866-811-7473.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
17 hours ago
- Yahoo
Mobile clinics aim to boost rural health care measles vaccinations amid outbreak
The "Wellness on Wheels" program launched in spring of 2024. (Courtesy of South Dakota Department of Health) The South Dakota Department of Health plans to send its fledgling mobile clinics to underserved and undervaccinated areas of the state in response to the nationwide measles outbreak making its way to the state. Last year, South Dakota reported its first measles case in nine years. The state Department of Health recently reported the state's first case this year in Meade County in western South Dakota. Last week, on Friday, a second case was reported in Rapid City. People who visited Sam's Club in that city on June 1, or Dakota Premier Medical Center the following day were urged by the department to monitor themselves for symptoms for 21 days. Measles is a highly contagious viral disease that spreads through the air. Those who lack immunity from vaccination or past infection are highly likely to catch it from an infected person. As surrounding states report more cases, Health Department Secretary Melissa Magstadt said the state's 'Wellness on Wheels' clinics can help encourage vaccinations. 'I question it myself': South Dakota vaccination rates fall amid mistrust and misinformation The fleet boasts five vehicles equipped to provide immunizations, test for sexually transmitted diseases such as syphilis, as well as provide screenings, prenatal care and other support. The effort fills in gaps to public health care access across the state, especially in rural and tribal communities, Magstadt said. 'It's about how we can actively use these tools to reach underserved populations,' Magstadt said. 'It's not something I would have thought about looking to leverage for something like measles vaccinations before.' The department hasn't decided where to send their fleet. Counties with the fewest kindergarteners vaccinated per capita for measles, mumps and rubella include Faulk, Jones and Hutchinson, state data shows. South Dakota counties that share tribal land and rural counties in south-central areas of the state rank the worst for clinical care use and access in the state, according to the University of Wisconsin Population Health Institute's 2023 report. Federal COVID relief funds paid for Wellness on Wheels. 'Because of the pandemic, public health infrastructure was found to be wanting,' Magstadt said. That infrastructure missed 'critical pieces' that hadn't been invested in, she said, such as health care access in rural areas. More than a hundred rural hospitals in the U.S. have closed in the last decade. The program, launched in April of last year, cost about $800,000 in federal funding. The state's public health COVID funding was also used to support a community health worker program, update emergency medical service equipment and telemedicine access, analyze the state of emergency medical services in South Dakota, and build a Public Health Lab and department training center. Magstadt said staff working with the Women, Infants and Children (WIC) program requested the mobile units. WIC is a federal-state program that provides healthy food, nutrition education and health care referrals to low-income women and their young children. So far, Wellness on Wheels staff have mainly driven to events. Magstadt said the department has focused on increasing awareness of the program and building trust in communities and among tribal leaders. She plans to have staff drive the buses to rural communities more regularly to increase exposure and encourage use. 'Being consistently at a facility or place every other week will help people find it,' Magstadt said. 'We talk about the importance of STI testing, for example, but if you don't know where to get tested then that's another barrier.' Magstadt plans to have the department park one of the vehicles at a homeless shelter in Rapid City this summer as well to encourage underserved urban communities to seek services. 'We like people to be connected to primary care services, but there are unique situations where it's harder to get to health care facilities,' Magstadt said. She compared the mobile clinics as a return to home visits by doctors. That practice largely ceased in the 1960s due to cost efficiencies. 'It's a part of this menu of health care access and options no longer requiring people to come to a clinic or health care system,' Magstadt said, 'but health care being taken to patients and families who need it.' Mobile health care clinics are available in every state. They range from public entities like South Dakota's Wellness on Wheels, to specialized, private care. Other mobile clinics operating in South Dakota, according to Mobile Health Map, include: Delta Dental Mobile Program Horizon Health on Wheels Midwest Street Medicine Mobile Women's Health Unit VA Mobile Counseling Program
Yahoo
21 hours ago
- Yahoo
A New COVID Variant Is Here, And It's More Transmissible — Here Are The Signs And Symptoms
A new COVID variant known as NB.1.8.1 has made landfall in the United States. The variant, which was first detected in China this past January, currently accounts for 10% of the SARS-CoV-2 sequences tested from around the world, recent surveillance data found. That's a significant jump from 2.5% four weeks ago. A Centers for Disease Control and Prevention (CDC) spokesperson told HuffPost that the agency is in regular contact with international partners about the activity of NB.1.8.1. To date, only 20 NB.1.8.1 sequences have been identified in the U.S. — that's below the threshold needed for a variant to appear on the agency's COVID dashboard. (As soon as its prevalence increases, NB.1.8.1 will pop up on the tracker, the spokesperson added.) It's nerve-wracking to hear that a new variant is making the rounds, but infectious disease specialists say there are no glaring differences between the symptoms of NB.1.8.1 and those caused by other versions of SARS-CoV-2. 'Currently it appears that NB.1.8.1 would have similar symptoms to other COVID variants that have recently been circulating,' Dr. Zachary Hoy, a pediatric infectious disease specialist with Pediatrix Medical Group in Nashville, Tennessee, told HuffPost. Here's what to know about the newest COVID variant that's gaining traction around the world. Compared to the currently dominant variant in the U.S. (LP.8.1), NB.1.8.1 has a handful of new mutations on the spike protein that may enhance its ability to bind to our cells, according to the World Health Organization (WHO). The agency suspects these mutations will increase the virus's transmissibility and, potentially, diminish the effectiveness of neutralizing antibodies that prevent pathogens from latching to our cells. In other words, the variant may be skilled at dodging some of our immune defenses, research suggests. According to Dr. Amesh Adalja, an infectious diseases expert and senior scholar at the Johns Hopkins University Center for Health Security, NB.1.8.1's symptoms are pretty much the same as those seen with other SARS-CoV-2 variants. Two of COVID's hallmark symptoms are a mild but persistent dry cough and nasal congestion, Hoy said. Many people who come down with COVID are also hit with fatigue and tiredness. 'An infected person can still make it through the day, but they are resting more and feel more tired throughout the day,' Hoy said. Other common symptoms include a fever, chills, a sore throat and muscle aches. 'Some have described recent variants as less intense symptoms as compared to wintertime influenza viruses, but both can have severe symptoms,' Hoy said. There's no evidence suggesting the variant causes more severe disease or an uptick in hospitalizations or deaths, the WHO states. The only noticeable aspect, as of now, is that it's rising in prevalence, Adalja said. It's too early to know exactly how effective the shots are — as the research on NB.1.8.1 is limited since it's so new — but scientists expect the shots to hold up well. NB.1.8.1 broke off from the Omicron JN.1 lineage, which the 2024-2025 vaccines target. 'The ability of the vaccines to prevent severe illness is intact though protection versus infection is limited and transient,' Adalja said. Anyone who is at risk of severe disease should stay up-to-date with the shots. 'Those in older populations or with underlying immune disorders or on immune-decreasing medications would benefit more from vaccination or those with increased exposure such as healthcare workers,' Hoy added. So if you have a condition that puts you at risk, it's worth getting vaccinated if it's been more than six months since your last vaccine or bout of COVID, Adalja advises. He also added that those who are low-risk likely do not need to go out and get another shot. Most people will be able to recover at home by resting and staying hydrated. While you're sick, acetaminophen and ibuprofen can help alleviate muscle aches and fevers, Hoy said. And, in most cases, symptoms should clear up within a week. For those who are at risk for severe disease, including older adults and people who are immune-compromised, it's worth contacting a physician as they can prescribe antivirals — Paxlovid and Molnupiravir — that can significantly lower the risk of severe complications and death. As was the case with previous variants, these antivirals work best when started within five days of symptom onset. As for when you should go to an urgent care or emergency room? When you have chest pain, have a hard time waking up or staying awake, or feel confused and disoriented, the CDC advises. Hoy says the most concerning symptom he warns patients about is difficulty breathing. 'If you have COVID or COVID-like illness and have worsening trouble breathing or chest pain, you should be evaluated at your doctor's office, urgent care or the ER,' he said. RFK Jr. Says COVID Shot Will No Longer Be Advised For Healthy Kids, Pregnant Women Trump's FDA Has Axed COVID Boosters For Most People — And Medical Experts Are Deeply Worried New Trump Vaccine Policy Limits Access To COVID Shots
Epoch Times
21 hours ago
- Epoch Times
China's COVID-19 Infections Jumped by 160 Percent in May
COVID-19 cases in China increased more than 160 percent in May, according to the latest official data from the Chinese communist regime. But Chinese residents across the country continue to report to The Epoch Times and on social media that they believe the situation is more serious than what authorities have acknowledged. The Chinese Centers for Disease Control and Prevention (China CDC) released its national COVID-19 epidemic data for May on June 5, reporting 440,662 cases, including 606 severe cases and seven deaths, soaring above April's 168,507 cases, 340 severe cases, and nine deaths.
