SEXUAL LAWS TODAY: ADOLESCENT RIGHTS AND THE AGE OF CONSENT
All states have statutes governing the age of consent—the age at which a person is considered to be old enough to agree to have sex. A person who has sex with someone below the age of consent can be charged with rape even if the younger person was willing because, according to the statute, the younger person could not consent. This is the meaning of “statutory rape.” Age of consent varies from as young as 12 or 13 in some states to 18 or older in others. Some states have double standards and set different ages for boys and girls.
The age of majority is the age at which one is considered an adult by law. In most states, it is 18. States also reserve the right to grant certain adult privileges to a child. This includes the right to marry without permission from parents. In such instances, other rights may be withheld until the age of majority. Such rights include, for example, the right to buy, possess, and drink alcohol. The age of consent usually arrives sooner than the age of majority.
Teenagers who live on their own without support of parents or guardians have legal autonomy and are called emancipated minors. Teens can become emancipated minors by joining the armed forces or getting married.
In some states, children and parents must receive court approval for emancipation. In other states, they need only show that financial independence has occurred. In some states, children may be emancipated by the court if they have been mistreated or abused by parents.
Most states grant partial emancipation to minors, under certain circumstances. In these instances, a child may seek certain kinds of medical care or social services without parental knowledge or parental consent. The following situations are so personal that an underage child has a right to find professional assistance on his/her own for:
• pregnancy
• contraception
• drug or alcohol use
• mental health problems
• relinquishing a child to adoption
In all states, treatment for sexually transmitted infection is available to minors without parental consent.
Certain laws allow health care providers to evaluate whether a child seeking medical care is a “mature minor.” To be considered “mature,” the child must be capable of understanding the nature and risks of the medical procedure. Health care providers can use their best judgment to evaluate maturity in order to give assistance. Although prior parental consent is not required, some states expect health care providers to notify parents after treatment has been given.
All states recognize the importance of confidentiality between counselors and health care providers and their clients—regardless of age. But it is still not clear whether it is always legal for school guidance counselors to help underage students with emotional problems without the consent of their parents.
Most state laws protect confidentiality between students and school counselors, but require counselors to report certain problems to the authorities. These might include instances in which the student is the victim of sexual assault, child abuse, or neglect, or if the student reports a dangerous situation—for example, a crime that will be or has been committed. As often as possible, school guidance counselors encourage students to discuss personal problems with their parents.
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