If a 15 year old patient comes in for treatment of a sexually transmitted disease and it is revealed that the partner is more than 2 years older, is the health care provider obligated to report this? Are there penalties for not reporting? Does the patient's right to confidentiality preclude telling the parent about the sexually transmitted disease?
In Alabama, a person under the age of 16 is legally incapable of giving consent for sexual intercourse or sexual contact. Depending on the circumstance and age of the initiating person, it could be classified as a felony or misdemeanor criminal offense.
Professionals Required to Report
Citation: Ala. Code § 26-14-3
The following persons are required to report:
- Doctors, medical examiners, dentists, nurses, or pharmacists
- School teachers or officials
- Law enforcement officials
- Daycare workers or social workers
- Members of the clergy
Any other person called upon to render aid or medical assistance to a child
Reporting by Other Persons
Citation: Ala. Code § 26-14-4
Any other person who has reasonable cause to suspect that a child is being abused or neglected may report.
Standards for Making a Report
Citation: Ala. Code § 26-14-3
A report must be made when the child is known or suspected of being a victim of abuse or neglect.
Privileged Communications
Citation: Ala. Code §§ 26-14-3; 26-14-10
Only the clergy-penitent and attorney-client privileges are permitted.
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Citation: Ala. Code § 26-14-8
The department will not release the identity of the reporter except under court order when the court has determined that the reporter knowingly made a false report.
One such law that describes the crime is below. There are others.
Section 13A-6-67 Sexual abuse in the second degree.
(a) A person commits the crime of sexual abuse in the second degree if:
(1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or
(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.
(Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1.)