FAQ and Factsheets: New York Civil Liberties Union

This Q&A discusses New York law relating to minors (persons under age 18) and their right to consent to and receive confidential health services following a sexual assault. It seeks to assist health care providers in understanding that capable adolescents are entitled to make their own decisions regarding sexual offense treatment and related services and that any resulting treatment generally must remain confidential. Health care providers who work with adolescent victims of sexual assault-including doctors, nurses, rape crisis counselors and social workers-often face difficult questions about their duties of confidentiality1 to these patients, including whether they must involve third parties such as parents and police. Frequently, professionals can encourage communication between young people and their parents, helping adolescents find needed support as they confront these and other health issues. However, sometimes a teenager seeking care for sexual assault cannot or will not speak to their parents or guardians and would avoid necessary health care if forced to involve them. Similarly, if forced to involve the police, some assault survivors also would forgo treatment. By clarifying the obligations of health care providers to maintain confidentiality in treating adolescent sexual assault survivors, this guide seeks to increase adolescents' access to care even if they cannot or will not confide in parental figures and/or choose not to involve the police. [More...]