Molested Minor Wants Counseling

[lionhart]

My question involves juvenile law in the State of: Colorado

Situation: 15 year old female dating/sexually active with 18 year old male. She confided to him that she "thinks" she was molested by her older brother (now 21) when she was very young. Parents don't know and would "flip" if she suggested it. Brother lives at home, as does she. She wants counseling about this, but doesn't want parents to know why. She has been known to "cut" or otherwise hurt herself. Parents know this but have not gotten help for her. They do not believe in counseling.

Q's:
1) Can the 18-yr old be charged (by her angry parents, e.g.) with statutory rape?
2) Can she receive counseling from private counselor without parent's consent?
3) If parents must sign consent for counseling, will they have the right to know what is discussed in counseling office?
4) Would she be removed from the home, since her brother still lives there?
5) If she brought this issue up in counseling, would counselor have to report brother?
6) Does her past as a cutter and present as one who sometimes hurts herself (pinching self or otherwise non-deadly behaviors) require someone in authority (such as a counselor) to deem her a threat to self or others?
7) Under what conditions would she be considered "emancipated" before she is 18?

Thanks for your help.

[aardvarc]

1) the age of consent in Colorado is 15 with a Romeo and Juliet clause - however, if her parents don't want her around someone, there are multiple other criminal charges and court orders at their disposal to accomplish that - bottom line: the law supports the wishes of parents to control their minor children, and those that interfere or breech that control can face consequences, up to and including the possibility of jail

2) typically no - parental consent would be required unless she were committed (sentenced or remanded for mental health services by court order)

3) no, even minors enjoy priviledge in counseling situations unless danger is indicated

4) if there were any indication that abuse was still occurring or had potential to recur, the brother would be most likely to be the one targeted for removal

5) not unless the counselor felt that there was imminent risk of further victimization

6) counseling professionals, unlike most of the general public, understand that most cutting behavior isn't an indicator of suicidal ideology - however, with that said, accidental suicides do happen, and each case is evaluated frequently as needed - if the therapist at any time felt a patient was a threat to themselves or others, confidentiality takes a back seat

7) Colorado doesn't have formal emancipation requirements (other than being married or in the military as possibilities), but the very fact that she has a history of cutting in and of negates the possibility on any other grounds - it shows the court that she needs MORE supervision, not less

[divemedic]

As a medical professional, let me insert this:

counseling professionals, unlike most of the general public, understand that most cutting behavior isn't an indicator of suicidal ideology

If I see a patient who is cutting, they will still be Baker Acted (held against their will for 72 hours of evaluation) for cutting. While this behavior is not always an indicator of suicidal tendencies, it is a form of self harm, and does show that the patient is a danger to themselves.

[lionhart]

Thank you, both.
A few follow-up questions: would the 21-year old be considered a sex offender if the law knew about his early behavior? Is it anyone's duty to warn the public? Does this fall under "child abuse," which I thought always has to be reported?
Regarding answer to #3, do you mean danger to harm self/others? Or could it be the "danger" that may come from being re-traumatized by memories ( depression, angst, nightmares, etc)? Would it need to be in writing that the parents don't have access to what is discussed, or is this a slippery matter where the parents may legally demand to know?

[aardvarc]

Thank you, both.
A few follow-up questions: would the 21-year old be considered a sex offender if the law knew about his early behavior?

Probably not if he was a minor at the time. He'd need to be charged as an adult for that to happen - so it depends on HIS age at the time of the events.

Is it anyone's duty to warn the public?

There are lots of people who might have a duty to report if they knew about it.

Does this fall under "child abuse," which I thought always has to be reported?

It should.

Regarding answer to #3, do you mean danger to harm self/others? Or could it be the "danger" that may come from being re-traumatized by memories ( depression, angst, nightmares, etc)?

Physical danger. Psychological danger alone doesn't count.

Would it need to be in writing that the parents don't have access to what is discussed, or is this a slippery matter where the parents may legally demand to know?

Therapist/patient confidentiality is absolute unless a very few specific criteria are met - and typically those criteria involve either a) warning specific potential victims if the therapist believes them to be in danger from the patient ("hi Mr. X, I'm a therapist and my patient is headed to your house and might try to kill you"), b) warning authorities of the same ("my patient is headed to Mr. X's house and might try to kill him"), or c) warning authorities if the patient is believed to be a danger to themselves, and then authorities would notify the parents since it's a minor ("hi I'm a therapist and my patient might be in danger of suicide"). Note that none of those scenarios involve the therapist contacting the parents - although the parents are likely to find out anyway if any of those situations come up.

[lionhart]

Thanks again. You've been extremely helpful.