Bette is correct.
The ER and the DR has absolutely no right what so ever to share this privy information with the press. This is something that would be given to LE but ONLY AFTER a confidentiality statement is released by the guardian in this case. Police cannot seize your medical files without a sign off or a warrant. A sign off is quicker (the patient if over 18 can sign a paper wavering all rights and allowing police to speak to/ look at - all files pertained to ONLY the dr or hospital that is listed in the discovery). In other words, say you were treated at St. Mary's most of your life, however you were victimized and treated at St. Elizabeth's. You want your medical file turned over to the police to further prosecute the perp, the police will submit to you a one page document that the patient fills in the hospital/DR that this is allowed at, and after that you sign stating you understand this disclosure. They cannot look at all your medical files, just the ones you've signed off for (that specific dr or clinic) just an FYI if anyone is curious as to how that works.The DEA always works this way.
The DR's, nurses and medical staff (right down to receptionist) are never allowed to speak to the press or anyone related to the patient unless the patient is under the age of 18 or there is a state or legal assigned guardian (such as power of attorney) regarding a patient's treatment! Not only does this break HIPPA laws but this breaks federal laws.
Now, back to how someone can tell if a child or person(s) has been penetrated. This is a touchy subject that I think everyone, male or female, should be made aware of. A lot of women who have been raped, who later have a rape kit done may have min. to zero bruising in the vaginal area or tears. This is because the human response is to produce lubrication THAT DOES NOT MEAN THE VICTIM WAS "TURNED ON". It's just a natural response. Just the same as men who've been raped that may ejaculate or have an erection. Again, it's a body response and it guilts many people into not prosecuting. Disgusting defense attorneys for the perps will at times bring this up, shaming the victim.
When it comes to small children, there will often times be substantial bruising, tearing of not only the inner thighs (often wrists or neck while being held down, in infants there's generally head trauma but I will not put that horror of why that is in here. I know some rather not know). Also, with both males and females, if there is penetration both the anus and (if female) the vagina is checked for tearing and bruising. Anal penetration regardless of it being raped or consensual will be noticeable due to the dilation of the rectum. It WILL be obvious, unless, in some cases it was an object the size of a small finger. Not to be graphic but we are talking medical terms. However, anal penetration is painful and when it's rape the struggle tends to leave more bruising, tearing than vaginal on SOME. Given that this boy is reported to be bleeding (?), wrists bound and disoriented along with pants missing, he was victimized, to what extent we won't know (and shouldn't be privy too as he's a minor and a victim).
I lived in Chicago and in a rather bad area for a number of years while attending NorthWestern University, (I couldn't afford to live near the campus and I was closer to downtown where I worked at the hospital); anyway, the number of gang retaliations that were rape, or "Scare" rape (which means the perp(s) would often make the person think they are about to be raped but often roughed up and scared to death), were astronomical. Often it wasn't males but it did happen and we did see it. Rape kits would provide accurate information if a person was penetrated anally more so than vaginally (although again, that depends on age and bodily functions - such as any lube used even on condoms). If this child had been raped with objects, it would still show bruising and typically far more tears because condoms are rarely used on objects.
For a lot of information to those curious about rape kits, rape victim/survivor information;
www.rainn.org is a terrific resource everyone should be aware of.
What this supposed DR has released to the public is an absolute smack in the face of HIPPA laws and victims rights. I hope his or her license is revoked and they are not ever in triage again, where many victims are brought in. it's scary enough to seek help or treatment, more so if there is retaliation threatened or it was part of, imagine that being in the paper. Sorry for the long rant, hope this makes some sense and provides a little of insight.
