Can I take my 14 year old to a gynecologist to be tested for STDs and pregnancy without the incident being reported?
3 attorney answers
You can do what you want but if the doctor observes signs of a sexual assault / battery (which is precisely what happened) then the doc will be ethically obligated to report it, and if it gets reported and the 18 y/o gets identified then the 18 y/o will face serious felony charges with life-long repricussions. Still, if "he forced himself on her in a public bathroom" then you (and your daughter) should consider stopping him from doing this to anyone else.
However, before you do please think long and hard beforehand as you will be heading down a very slippery slope. Once the cops get involved it will be out of your and your daughter's hands. She will be labeled a "victim", be compelled to be more formally "evaluated", to provide testimony to the State and then will probably be served up to the defense for deposition, child hearsay and other pretrial motions and a trial.
In FL A 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger. BUT (caps intentional) if you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is either 24 or older or younger than 16, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.
That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor's behalf and against the minor's will in the form of a restraining order / injunction for protection. You do not need to claim the sex component to secure a DVRO (if you do then you are back at square one... the cops will get involved and you will lose control); you do need to allege facts sufficient to persuade the court that you (or your daughter) reasonably fear for her safety from this person. (In fact, he may agree to the DVRO in exchange for not be reported to the cops... food for thought).
If the Court believes that it is in the minor's best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.
Whether or not a Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.
I hope that I have been helpful in answering your question.
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When a crime has been committed, it is reported to the police.
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She is 14; she has no concept of what love is. He is 18, which in sexual years means he is at least twice as old as her. Her "loving" him is going to get him sent to prison for a long, long time. If he indeed forcibly raped her, why would you not want to report this to the police? If he forced her to have sex she will not be his last victim. But at 14, it does not matter whether he forced her or not. It only matters as to how much time he would spend in prison. And you will know very soon whether she is pregnant, with or without a test.