Key takeaways:
- Consent laws vary widely by state. Only a minority of states allow adolescents to independently consent to sexual assault forensic exams, and even fewer allow them to consent to related medical treatment.
- Forensic exams and medical care are governed by different laws, and providers must often navigate separate consent requirements for evidence collection and treatment of injuries.
- Parental involvement remains central in most cases, and the study provides a state-by-state reference.
TAMPA, Fla. (June 23, 2026) – In the hours following sexual assault, teens may face difficult decisions about seeking medical care and whether to undergo a forensic exam that could support a future investigation or prosecution. Understanding their ability to consent to these services can be complicated, as laws vary widely from state to state.
According to the Centers for Disease Control and Prevention, as many as 13% of female and 9% of male high school students have reported being sexually assaulted, an urgent reality that USF researchers are aiming to address by equipping medical providers with knowledge to more effectively treat these populations.
A new study led by Katherine Drabiak, professor in the University of South Florida College of Public Health, summarizes laws across all 50 U.S. states and outlines key legal questions when treating adolescents after sexual assault, including who can consent to exams and care, whether parents must be and how suspected abuse or neglect is handled. The study, “State Law Variation Regarding Informed Consent for Sexual Assault Medical Forensic Exams with Adolescents,” was published today in the Journal of Forensic Nursing.
The research provides a state-by-state snapshot of the sexual assault forensic exam consent process for adolescents, offering providers critical guidance in navigating inconsistent laws while highlighting how these variations can affect timely care and evidence collection.
Adolescent consent varies significantly across states
Adolescents generally cannot legally consent to their own medical care, and parental consent is the standard default, the study found.
While some states allow minors to make decisions about certain sensitive services, such as testing for sexually transmitted infections or contraception, exceptions for sexual assault care vary widely. Only a minority of states allow minors to consent to a medical forensic exam, and even fewer allow them to consent to treatment for their injuries, which are governed by separate laws.
Providers often overlook a key distinction, the findings showed.
“A forensic exam used to document injuries and collect evidence for potential prosecution is legally different from medical care,” Drabiak said. “Each may require separate consent.”
If a parent may be suspected of abuse, providers must follow state-specific legal processes, which can include reporting requirements or obtaining authorization through child protective services or the courts, the study found.
Medical forensic exams involve important legal and privacy considerations
While medical forensic exams play an important role in identifying a perpetrator and supporting an investigation, the research showed they are also a personal choice that includes important considerations.
The process involves collecting DNA from both the patient and alleged perpetrator, which is then shared with law enforcement and may be stored in a database, raising questions about privacy and how that information could be used in the future. In many states, including Florida, a parent must be involved in the decision due to legal and privacy implications related to DNA collection.
“Patients and families should feel informed, supported and empowered to choose what feels right for them in what is an otherwise difficult moment,” Drabiak said.
Parental involvement remains central in most cases
One of the most common misconceptions surrounding adolescent sexual assault care is that minors can independently consent to treatment and forensic exams, Drabiak said. According to the study, this is only true in limited situations and a minority of states.
The research also challenges assumptions that parental consent requirements necessarily create barriers to care. Parents remain the legal decision-makers for minors in most health care settings and often have critical information about their child’s medical history and needs. Knowledge of a reported sexual assault can also be critical to ensuring appropriate care and support.
“Adolescent consent is more limited than many assume, and parental involvement remains central in most situations,” Drabiak said.