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Updated: 5:52 PM Apr 19, 2006
Court Rules Against A.G. In Teen Sex Case
Reporter: Rachel Phillips |
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Judge Rules Against Kline in Teen Sex Case
April 18 - A federal judge in Wichita has ruled that doctors, teachers and others are not required to always report underage sex between consenting youths as possible abuse.
U.S. District Judge J. Thomas Marten granted a permanent injunction in the case filed by Aid For Women and health care providers.
They had filed a constitutional challenge to Kansas Attorney General Phill Kline's interpretation of the state's mandatory reporting law.
The group was concerned Kline's interpretation would discourage teens from seeking medical attention or information.
Kline contended the 1982 law requiring doctors, teachers and others to alert the state and law enforcement about potential child abuse covers consensual sex between minors.
But Marten says a plain reading of the Kansas statute gives mandatory reporters such as health care providers the discretion to determine whether there is reason to suspect a child has been injured as a result of sexual abuse.
In Tuesday's ruling the judge states, "To require reporting in accordance with Attorney General Kline's opinion would violate a minor's limited right of informational privacy."
*Associate Press contributed to this report.
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