State laws vary widely on adolescent consent for sexual assault exams, study finds

by University of South Florida

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In the hours following sexual assault, teens may face difficult decisions about seeking medical care and whether to undergo a forensic exam that could support a future investigation or prosecution. Understanding their ability to consent to these services can be complicated, as laws vary widely from state to state.

According to the Centers for Disease Control and Prevention, as many as 13% of female and 9% of male high school students have reported being sexually assaulted, an urgent reality that USF researchers aim to address by equipping medical providers with knowledge to more effectively treat these populations.

A new study led by Katherine Drabiak, professor at the University of South Florida College of Public Health, summarizes laws across all 50 U.S. states and outlines key legal questions when treating adolescents after sexual assault, including who can consent to exams and care, whether parents must be involved and how suspected abuse or neglect is handled. The study, "State Law Variation Regarding Informed Consent for Sexual Assault Medical Forensic Exams with Adolescents," is published in the Journal of Forensic Nursing.

The research provides a state-by-state snapshot of the sexual assault forensic exam consent process for adolescents, offering providers critical guidance in navigating inconsistent laws while highlighting how these variations can affect timely care and evidence collection.

Adolescent consent varies significantly across states

Adolescents generally cannot legally consent to their own medical care, and parental consent is the standard default, the study found.

While some states allow minors to make decisions about certain sensitive services, such as testing for sexually transmitted infections or contraception, exceptions for sexual assault care vary widely. Only a minority of states allow minors to consent to a medical forensic exam, and even fewer allow them to consent to treatment for their injuries, which are governed by separate laws.

Providers often overlook a key distinction, the findings showed.

"A forensic exam used to document injuries and collect evidence for potential prosecution is legally different from medical care," Drabiak said. "Each may require separate consent."

If a parent may be suspected of abuse, providers must follow state-specific legal processes, which can include reporting requirements or obtaining authorization through child protective services or the courts, the study found.

Medical forensic exams involve important legal and privacy considerations

While medical forensic exams play an important role in identifying a perpetrator and supporting an investigation, the research showed they are also a personal choice that includes important considerations.

The process involves collecting DNA from both the patient and the alleged perpetrator, which is then shared with law enforcement and may be stored in a database, raising questions about privacy and how that information could be used in the future. In many states, including Florida, a parent must be involved in the decision because of legal and privacy implications related to DNA collection.

"Patients and families should feel informed, supported and empowered to choose what feels right for them in what is an otherwise difficult moment," Drabiak said.

Parental involvement remains central in most cases

One of the most common misconceptions surrounding adolescent sexual assault care is that minors can independently consent to treatment and forensic exams, Drabiak said. According to the study, this is true only in limited situations and in a minority of states.

The research also challenges assumptions that parental consent requirements necessarily create barriers to care. Parents remain the legal decision-makers for minors in most health care settings and often have critical information about their child's medical history and needs. Knowledge of a reported sexual assault can also be critical to ensuring appropriate care and support.

"Adolescent consent is more limited than many assume, and parental involvement remains central in most situations," Drabiak said.

A practical guide for health care providers

The study also found that medical laws governing sexual assault can be complex and difficult to navigate, particularly when consent requirements differ between forensic exams and medical treatment.

To address that challenge, the researchers created a state-by-state reference table that answers common questions, including who can consent, when parents must be involved and how providers should proceed when a parent is the suspected abuser.

"This guide may provide health care professionals with a clearer understanding of what is legally permissible in their state, reducing the risk of mistakes and allowing for appropriate and more supportive patient care," Drabiak said.

More information

Connie Gao et al, State Law Variation Regarding Informed Consent for Sexual Assault Medical Forensic Exams With Adolescents, Journal of Forensic Nursing (2026). DOI: 10.1097/JFN.0000000000000616

Key medical concepts

Sexual AssaultSexually Transmitted InfectionsBirth Control

Clinical categories

PediatricsChildren's healthEmergency medicineReproductive health Provided by University of South Florida Who's behind this story?

Stephanie Baum

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