Wednesday, January 20, 2016

Can I take my 14 year old to a gynecologist to be tested for STDs and pregnancy without the incident being reported? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can I take my 14 year old to a gynecologist to be tested for STDs and pregnancy without the incident being reported?  14 year old daughter, straight-A student, mature, 10th grade (skipped a grade) started wanting to date an 18 year old. He seemed like a nice and respectful young man. I drove them to public places like Starbucks or outdoor malls or the movies so they could spend time together. After 2 weeks, he forced himself on her in a public bathroom. She is infatuated and still loves him, even though she knows what he did was very wrong. I am grateful she told me but am horrified. I have told her she can no longer see him and she has agreed (but I think she still wants to, because of course he "loves" her). I don't want to report this because having to repeat the story and press charges would harm her even more psychologically.


A:     Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL





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Best Answer
chosen by asker
Answered . 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 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. Your daughter will be labeled a "victim", will likely 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 simply need to allege facts sufficient to persuade the court that you (or your daughter) reasonably fear for her safety from this person. (In fact, if he's smart then he may well agree to entry of 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.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991.  With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.


Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. 


Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910). 


​When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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