NH Lawmakers Aim to Expand Parental Rights. Some fear that Could Harm Young Sexual Assault Victims5/19/2025
Under the new provision, parents would have to agree to medical care for their child — except in the case of an emergency — and to the collection of the child’s DNA and blood for an investigation. But medical experts say there is limited time to collect that evidence and treat sexually transmitted diseases and pregnancy in the case of a sexual assault.
Janet Carroll, director of the New Hampshire Sexual Assault Nurse Examiner program, said she’s worried consent won’t come in time, perhaps because a parent can’t be found or the parent is the perpetrator or related to that person. Carroll thinks lawmakers overlooked the potential consequences when they recently amended the legislation. “As written, it would have harmful unintended health care and safety consequences for sexual assault victims,” Carroll said. “We really want to make sure that it's clear that we do not think that it was the intention of the Legislature to put child sexual assault victims at further risk.” Under current law, sexual assault nurses can conduct forensic exams and treat victims 14 and older without parental consent. Still, Carroll tells those patients their parents may find out anyway because she has to report child sexual assaults to the Department of Health and Human Services. Carroll also offers to help children talk to a parent. “I've completed, you know, hundreds of these exams on kiddos,” Carroll said. Only once has a child declined the offer. “All of those conversations have been very helpful for the child, for the parent, and has really helped move them forward. NHPR May 19, 2025 The New Hampshire Coalition Against Domestic and Sexual Violence says the ruling is a win, as mental health records are often used against victims of assault.
“It's very difficult to report a violent, intimate crime and then be in a public courtroom talking about it,” Lyn Schollett, executive director of the Coalition, said. “So for the victim to know that they can then go and speak with their therapist or speak with their advocate and have those conversations be protected is vitally important.” Lyn Schollett spoke with NHPR Morning Edition host Rick Ganley about how mental health records have previously been used in domestic and sexual violence cases, and shared her perspective on how the Supreme Court decision could affect future cases. NHPR May 7, 2025 Lyn Schollett, executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, said the ruling will help to address long-standing problems where defendants use irrelevant personal information to embarrass and intimidate victims. The ruling is such a big victory for survivors that she burst into tears when she first read it, she said.
“This is a groundbreaking decision for victims of trauma, in particular,” Schollett said. “It’s a groundbreaking decision for anyone who seeks help and support from a mental health provider or from a domestic and sexual violence crisis center.” As a result, advocates with the New Hampshire Coalition hope more survivors will have the confidence they need to seek help for themselves and accountability for those who abused them. Hilary H. Rheaume, an attorney who signed a friend-of-the-court brief on behalf of the New Hampshire Coalition, said requiring that victims receive a heads-up and an opportunity to object “will change the way things are done in the courtroom.” Boston Globe May 1, 2025 For the first time, the state’s highest court applied the right of privacy to a criminal case to restrict the defendant’s access to the alleged victim’s confidential counseling and mental health records
Even with protections in place previously, criminal defendants have used such records to “intimidate and embarrass victims — and to deter them from disclosing abuse, reporting crimes and seeking justice,” according to the New Hampshire Coalition Against Domestic and Sexual Violence. Coalition Executive Director Lyn Schollett said assault victims can now slowly rebuild their lives with the privacy they deserve. “The outrageous practice of accessing victims’ irrelevant, personal information ends today,” she said in a statement. “Granite Staters who have experienced violent crimes and heinous losses can walk into the office of a crisis center or a therapist without fear that their conversations will become public.” Union Leader May 1, 2025 |
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The 12 member programs of the New Hampshire Coalition Against Domestic and Sexual Violence provide services to all victims and survivors of domestic and sexual violence, human trafficking, stalking, and child abuse.
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New Hampshire Coalition Against Domestic and Sexual Violence
PO Box 353, Concord, NH 03302-0353
(603) 224-8893
New Hampshire Coalition Against Domestic and Sexual Violence
PO Box 353, Concord, NH 03302-0353
(603) 224-8893
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