Virginia’s Attorney General issued a formal advisory opinion on September 12, 2014 that countermands legislative protection of sexually abused minors by removing the requirement that social workers, nurses, and others must report instances of sexual abuse. Now, according to Herring, they must report the rape of a young teenage girl only when it was the girl’s father or guardian who perpetrated it.
The AG opinion, which in many important regards carries the force of law in Virginia, was issued by Herring in response to an inquiry from State Health Commissioner Marissa Levine. Levine inquired about the extent of certain obligations of nurses and others in positions of public responsibility (such as teachers, social workers, probation officers, and the like) to report evidence of child abuse or neglect. Virginia law requires that such people “who, in their professional or official capacity, have reason to suspect that a child is an abused or neglected child,” to “report the matter immediately” to the relevant social services office.
Specifically, Levine inquired about whether, “upon reviewing the medical record of a fourteen-year-old girl who was pregnant and received services, such as prenatal or abortion services,” a state health department nurse would be obligated to report that, particularly given that it is a crime in Virginia to have sex with 13- or 14-year-old girl.
Herring ruled that reporting in this instance is not required unless the girl’s father or some other adult in charge of caring for her is known to be the statutory rapist. In other words, if an uncle, brother, cousin, neighbor, teacher, police officer, pastor, mail man or anybody else had raped the girl, it is now apparently not the duty of those people in positions of public trust who have knowledge of that crime to report it, no matter how young the pregnant girl might be.More at Life News:
“How far will Attorney General Mark Herring go to protect the $1 billion abortion industry?” the Family Foundation asked.
“This surprising opinion absolves health care professionals at abortion centers or the health department of responsibility to report the suspected rape of a child to the Department of Social Services or law enforcement. In order to reach this conclusion and protect the abortion industry, the Attorney General had to overrule two opinions issued by prior Attorneys General. First was a 2003 opinion issued by then Attorney General Jerry Kilgore that required health care officials to report statutory rape when the victim reveals it during conversation,” the pro-life group said.
“More concerning, the second was a 2001 Opinion by then Attorney General and now respected Court of Appeals Judge Randolph Beales requiring teachers to report sexual acts against a child regardless whether the teacher suspected or believed the child’s parent or other responsible person committed the sex crime,” it added.
The pro-life group wants to know why the opinions were never questioned or challenged over the last fourteen years and pointed out that the state legislature has not passed legislation to overturn them.
Earlier this year, The Family Foundation sounded the alarm when we discovered from inspection reports that the Roanoke Medical Center for Women performed abortions on three minors without parental consent. At least one of the girls was only 14 years old, making it clear she was a victim of rape.Life News also points to past coverage of how Planned Parenthood has covered up or failed to report cases of statutory rape in other states.
What is hypocritical is how liberal Democrats will fear monger about a previous state law requiring an ultrasound before abortion, calling it rape, but are willing to turn a blind eye to the real rape of underage girls, all in the name of protecting the abortion industry, which funds their campaigns. It also shows the lawless nature of AG Herring, who lets his personal liberal agenda and that of his party override the rule of law.
Herring needs to be recalled or impeached.