Why Some Domestic Violence Victims Think Twice About Seeking Help

Since Donald Trump was elected president in November of 2016, the political climate in the United States has been turbulent, to say the least. In all fairness, American politics has not really been particularly stable for a number of years, but President Trump’s election marked a fairly radical departure from the status quo that we have largely come to expect in Washington. Immigration reform was and continues to be one of Mr. Trump’s pet projects, but as enforcement of immigration policies has ramped up, there have been certain unintended consequences. Among these is a growing reluctance for some victims of domestic violence to seek even basic medical attention based on the fear of deportation.

California’s Mandated Reporter Law

In the state of California, health practitioners—including doctors, nurses, and other professionals—are obligated to notify local law enforcement officials if they treat a patient suffering from a physical injury that “is the result of assaultive or abusive conduct.” A practitioner does not need irrefutable proof of abuse; instead, his or her decision can be based on a reasonable suspicion. According to California law, the report must include certain information, including the injured person’s name and location, the extent and nature of the injuries, and the name of the person alleged to have caused the injuries. It is then up to local law enforcement to determine an appropriate course of action.

An Uncertain Mix of Laws

While the mandated reporting law was created with good intentions, its combination with the Trump administration’s approach to immigration issues is leaving some abuse victims without any good options. For example, if a woman whose visa has expired—or who came to the U.S. illegally—is abused by her spouse, she may be extremely hesitant to seek medical attention, even if her injuries are serious. If and when law enforcement gets involved, victims fear that they could ultimately face deportation.

While it may seem counterintuitive, many medical professionals are opposed to such mandated reporting laws. They believe that such statutes actually create barriers to healthcare and can even make abusive situations worse. Patient confidentiality and independence should be sacrosanct, and anything that threatens these qualities, critics maintain, should be reevaluated.

Facing Allegations of Domestic Abuse?

It is extremely important to make resources available for those who have suffered injuries at the hands of an abuser. It is also important to seek help when you have been falsely accused of domestic violence. If you are facing charges related to domestic violence, contact an experienced San Jose criminal defense attorney. Call 408-277-0377 for a free, confidential consultation with Wesley J. Schroeder, Attorney at Law today.

Sources:

http://www.latimes.com/opinion/op-ed/la-oe-stoever-mandatory-reporting-domestic-violence-20170717-story.html

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=1.&part=4.&chapter=2.&article=2.

http://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.89.4.575