Federal Judge Creates New Protections for Child Rapists

Mandatory aspects of KS child rape reporting law nullified

Wichita, KS — Federal Court Judge J. Thomas Marten ruled yesterday that the reporting of sexual activity in girls aged 15 and under should be discretionary, and prohibited enforcement of the mandatory aspects of a Kansas child rape reporting law.

The ruling came in the Aid for Women v. Foulston case brought by Kansas abortionists and other pro-abortion social workers and health providers asking for exemption from reporting child sexual abuse in underage girls, in the interest of protecting their “privacy.”

Marten, a Clinton appointee, stated in his 39-page ruling, “In addition, to require reporting in accordance with Attorney General Kline’s opinion would violate a minor’s limited right of informational privacy. Thus, this court permanently enjoins enforcement of Kan. Stat. Ann. § 38-1522 in any manner inconsistent with this decision, which includes the Kline Opinion.”

Kansas Attorney General Phill Kline sparked the suit when he issued an opinion at the request of a state legislator that all sexual activity in girls under 16 is inherently injurious and must be reported to law enforcement personnel for investigation. Kline has emphasized repeatedly that not every incident of sexual conduct will be prosecuted, but all should be investigated to insure that young girls are not being coerced and victimized.

Attorney Simon Heller of the New York-based Center for Reproductive Rights who helped represent the pro-abortionists stated to the Wichita Eagle, “This is the first time a federal court has recognized that the United States Constitution protects the right of young people to keep certain information they give their doctors and psychologists private.”

Operation Rescue President Troy Newman blasted the decision. “This case sets a dangerous precedent that information given by minors can be hidden not only from the authorities, but also from the parents. It creates a climate of secrecy that can only profit the abortionist and benefit the abuser.”

“Judge Marten should have been more concerned about getting child rapists off the streets and protecting young girls from victimization by these predators, rather than the invention of new privacy considerations for children,” said Newman. “He is another liberal activist judge legislating from the bench — and it is our daughters that are put at risk as a result.”

In Kansas, abortionists must report the ages of their patients. While some abortion patients as young as 10 years old have been reported, there have been no reports of suspected child rape by Kansas abortionists, according to the Attorney General’s office.

Kline has stated that he expected an adverse ruling from Judge Marten, but has higher hopes for a favorable ruling on appeal.

Read Judge Marten’s Ruling
Read Background Story