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2021 Op. S.D. Att'y Gen. [1] (2021)

handle is hein.sag/sagsd0073 and id is 1 raw text is: Official Opinion No. 21-01 Anonymity of Sexual Assault Victims and Mandatory Reporting January 25, 2021 Mike Moore Beadle County State's Attorney 450 3rd St. SW, Suite 108 Huron, SD 57350 Official Opinion No. 21-01 Re: Anonymity of Sexual Assault Victims and Mandatory Reporting Dear State's Attorney Moore, In your capacity as Beadle County State's Attorney you have requested an official opinion from the Attorney General's Office on the following question: QUESTION: Can a sixteen-or-seventeen-year-old victim of sexual assault who undergoes a sexual assault examination remain anonymous under the provisions of SDCL ch. 23-5C, taking into account the mandatory reporting requirements of SDCL 26-8A-3? ANSWER: No, a sixteen-or-seventeen-year-old sexual assault victim cannot remain anonymous. The health care professionals that treat or examine child- victims must report suspected child abuse, including sexual abuse, to law enforcement; the state's attorney; or the Department of Social Services, regardless of the child-victim's age and the perpetrator's relationship to the child- victim. FACTS: SDCL 23-5C-2 gives victims of sexual assault the option of reporting the sexual assault to the appropriate law enforcement entity. The statute also