1. reachforouterspace

    reachforouterspace New Member

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    Criminal Justice System + Underage Victims

    Discussion in 'Research' started by reachforouterspace, Oct 26, 2016.

    How much parental consent is needed for a minor who is a victim of rape?

    Can they have a rape kit done without their parent/guardian's consent?

    If the minor is a runaway, how do they contact the minor's parents?

    Who decides if charges are pressed, and whether or not this goes to trial?

    What if the parents refuse to cooperate with the police?

    What if the minor wants to testify, but their parents won't allow them?

    What if it's revealed that the parents are abusive, and there is no family?

    Can a police officer on the minor's case foster the minor? How does that work?

    If anyone can offer any help on this, it would be much appreciated. Sorry there's so many questions.
     
  2. Kinzvlle

    Kinzvlle At the bottom of a pit Contributor

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    http://www.nyclu.org/rrp_minors_rptreat_042602.html

    Found that site, which should answer some of the questions, though it is for New York state, so it might vary from state to state. I`d look up the laws for whatever state you're basing this in, (assuming it`s set in the US of A) The answer on here to the main question of the kit seems to be yes an adolescent can consent to a rape kit.

    So in New york at least they can consent, though it may vary. The site states the consent being linked to allowing for confenditly which seems sensible, especially considering a large number of sexual assaults of minors are done by parents or relatives so parental consent could get sticky.
     
  3. reachforouterspace

    reachforouterspace New Member

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    Thank you, I will check the link out. Coincidentally, New York is the state that this is based in, so this does help me out.
     
  4. Neidermeyer

    Neidermeyer Active Member

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    I'm an attorney, and although I don't practice on the criminal side, I do work for CPS. BTW, not legal advice, just my experience.

    1. Parental consent for what exactly?

    2. I believe so, but if they object or the parents object, then a Court would have to order it.

    3. Depends on what info they have, and if the minor has a state issued ID. They can usually pull that info to get last known address.

    4. Prosecutor.

    5. A judge can always order it. Usually the prosecutor would subpoena the child and its up to the parents to object If they do, a Judge can still order it.

    6. Then people like me get involved. Usually the state will refer to CPS to bring us in for the civil side of it (child welfare)

    7. Fostering is generally going to be up to CPS. A police officer would likely be conflicted from fostering while a pending case is open. But after, I see no problem.
     

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