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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

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