Nurses who treat young sexual assault victims are worried recent changes to parental rights legislation in the New Hampshire State House could jeopardize victims’ care and the collection of evidence for a criminal investigation.
Under the new provision, parents would have to agree to medical care for their child — except in the case of an emergency — and to the collection of the child’s DNA and blood for an investigation. But medical experts say there is limited time to collect that evidence and treat sexually transmitted diseases and pregnancy in the case of a sexual assault.
Janet Carroll, director of the New Hampshire Sexual Assault Nurse Examiner program, said she’s worried consent won’t come in time, perhaps because a parent can’t be found or the parent is the perpetrator or related to that person. Carroll thinks lawmakers overlooked the potential consequences when they recently amended the legislation.
“As written, it would have harmful unintended health care and safety consequences for sexual assault victims,” Carroll said. “We really want to make sure that it's clear that we do not think that it was the intention of the Legislature to put child sexual assault victims at further risk.”
In some cases, treatment for sexually transmitted diseases must be started within two hours of an assault to be most effective and can be initiated no later than three days after an attack. And DNA and blood must be collected within 120 hours for it to be useful in criminal investigations.
Lawmakers in Idaho and Tennessee have wrestled with similar unintended consequences in their parental rights bills. In April, Tennessee lawmakers rejected legislation that would have addressed concerns there. Similar legislation is awaiting a vote in Idaho.
So far, the potential consequences for young sexual assault victims has not been a focus of the debates in New Hampshire. But as they get more attention, even some Republicans who support the parental rights legislation say they share Carroll’s concern.
A spokeswoman for Gov. Kelly Ayotte said she is one.
“Gov. Kelly Ayotte has spent her career as a champion for victims,” Caroline Hakes said in an email. Hakes did not immediately respond when asked whether Ayotte would veto the amended version of the legislation.
One of the bill's prime sponsors, Sen. Tim Lang, a Sanbornton Republican, believes there are sufficient exemptions in the legislation for emergency medical care and criminal investigations. But he said Friday he's going to meet with lawmakers who've raised concerns as well as the governor's staff to find a resolution if possible.
Both chambers of the Legislature have passed their own versions of the bill with the new medical consent requirement. But the first big vote is set for Thursday when the House takes up the Senate’s version, Senate Bill 72. If it passes, it would head next to Ayotte’s desk.
Rep. Katelyn Kuttab, a Windham Republican who supports the bill, hopes House lawmakers will address the concern raised by advocates for sexual assault victims when they gather Thursday.
“As a party, we are committed to passing this long-awaited (parental rights) legislation for Granite State parents,” she said. “It was certainly not the intention of the bill to restrict the ability to gather evidence for sexual assault involving minors. Republicans have consistently advocated for stringent penalties against sexual assault, as evidenced by the recent passage of a bill increasing the minimum sentence for child trafficking.”
Under current law, sexual assault nurses can conduct forensic exams and treat victims 14 and older without parental consent. Still, Carroll tells those patients their parents may find out anyway because she has to report child sexual assaults to the Department of Health and Human Services.
Carroll also offers to help children talk to a parent.
“I've completed, you know, hundreds of these exams on kiddos,” Carroll said. Only once has a child declined the offer. “All of those conversations have been very helpful for the child, for the parent, and has really helped move them forward.”
