Kiss And Tell Trial

Feb. 7-An expert witness in the Attorney General's kiss and tell trial says reporting all underage sexual activity is a good idea.

But, she also admits she doesn't follow the practice.

Now her testimony at the center of the case.

This is a story you'll see only on KAKE.

It is a battle over Kansas law on whether doctors and psychologists should be mandated to report all cases of sexual activity in teens under 16.

Kansas Attorney General Phill Kline says, "I still believe they need to report it because they don't have the tools or the training to figure out the truth."

In federal court on Tuesday an S-R-S official testified that the department doesn't even look at cases of underage sex that appear to be consensual unless there is some type of harm.

Dr. Elizabeth Shadigian says, "Confidentiality doesn't trump law."

But a Michigan OB-GYN testified for the government ...saying in plain terms "getting to third base and home run are serious penetrative sexual activities." and should be reported.

That would include not only sexual intercourse, but genital to genital touching.

But the doctor admits she doesn't report all cases of teen sexual activity in Michigan.

Dr. Elizabeth Shadigian says, "I am under different reporting because of the state of Michigan and its a more complex and grayer law than Kansas."

Simon Heller of the Center for Reproductive Rights says, "What I found most remarkable about her testimony is that she was coming here to Kansas to testify that in Kansas doctors and nurses must report stuff that she herself doesn't bother to report in Michigan."

In addition, she says a girl under 16 rarely understands consenting to sex saying the point is many of these young girls don't know how to say no.

She also says In the present day it is not possible for it to be voluntary because of the power differential between men and women.