Professor to speak on rape reporting laws

Tuesday, September 29, 2009

Teresa Collett, professor at the St. Thomas University School of Law, will give a speech this afternoon titled “Sex, Jurisprudence and Rock and Roll,” in which she will discuss the constitutionality of mandatory rape reporting laws.

Most states have some form of mandatory rape reporting laws, and many human rights organizations have questioned the constitutionality of this type of legislation.

According to the Kansas Code for Care of Children, revised in 2007, certain professionals must file a report if there is “reason to suspect that a child has been harmed” by any type abuse, including sexual assault. Kansas has similar laws for elders, making it mandatory that all types of professionals, from bankers to dentists, report instances of abuse that they may be aware of. However, there are no state laws requiring professionals to report instances of rape if the victim is competent and does not want to file a report.

California is the only state that requires medical personnel and other professionals to report all they know regarding the suspected rape of a competent adult, according to a report from the American Prosecutors Research Institute. Massachusetts is similar in that it requires professionals to report these type of suspected incidents, but the state does not use the information to prosecute suspects and never asks for personal information about the victim.

Jelani Exum, associate professor of law, will also speak at the event, which was organized by the KU chapter of The Federalist Society. It begins at 12:30 p.m. in 104 Green Hall and is free and open to the public.

— — Edited by Abby Olcese

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