Kansas judge to decide on sex `age restriction`

Doctors and lawyers squared off in a federal courtroom Tuesday over a dispute about the health and welfare of young, sexually active teens. Judge J. Thomas Marten, hearing the case in downtown Wichita, will have to sort out an argument that involves how much discretion to give physicians and prosecutors in reporting sexual practices of those under age 16. He is expected to rule by late December. Kansas Attorney General Phill Kline sparked the argument last summer in a controversial opinion that said doctors, psychologists, nurses and other health care providers should report all suspected sexual activity in that age group. Under state law, any sexual contact by someone under 16 can lead to criminal charges. Some parts of the law can even lead to prosecution of people close to the same age, known in legal circles as the Romeo and Juliet law. Health care providers say adolescents won`t stop having sex because of the ruling but will merely stop seeking health care that could protect them from deadly diseases and unwanted pregnancies. "I think the effect would be tragic and profoundly catastrophic," said Beth McGilley, a Wichita clinical psychologist. Doctors agree that cases of sexual abuse - such as incest, rape and molestation - should continue to be reported. Before Kline`s opinion, health care providers were required to report only instances where they believed sexual activity had harmed a young person. Now, doctors fear, the law will silence teens and put them at greater risk. "If young people are afraid to disclose they`re sexually active, there`s less of a chance to identify those relationships which are truly abusive," said Jonathan Klein, a pediatrician testifying by video from his office at the University of Rochester. Klein is an expert on adolescent medicine and helped author a study showing that the reason most teens don`t get the health care they need is because of fear and embarrassment. That can lead, Klein said, to young people not seeking contraceptives or counseling on sexual practices, causing more unwanted pregnancies and increasing the spread of virusessuch as herpes and HIV. Steve Maxwell, however, argued for the Attorney General that the office is just following a 20-year-old statute that outlaws all sexual contact by a person under 16. Another law mandates reporting by health care providers. Diane Schunn, a sexual assault nurse from Via Christi Regional Medical Center, said Kline`s ruling hasn`t changed practices where she worked. She said her department already turns over information to authorities regarding activity among teens under 16. But Schunn said she and her colleagues usually see the worst cases of sexual abuse and little of consensual touching or petting. She said she doesn`t see problems with the law. "We put age restrictions on a lot of activities," she testified. "I don`t see why sexual intercourse should be looked upon any different than drinking, driving or voting." The health care providers are asking for an injunction so prosecutors can`t go after them for not reporting less serious cases. Purposefully not reporting such cases could be punishable as a Class B misdemeanor, which some doctors testified could put their licenses at risk or have them facing ethical violations. Aid to Women, a health service in Kansas City that also provides abortions, is bringing the class action. Clinic officials fear Kline`s action gives the state too much authority to target teens and health care providers for criminal investigations.