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Implications

The current state of the law has many implications for the therapeutic process:

1. It requires that therapists break client confidentiality and report any incidents of minors engaging in certain consensual sexual activities.

2. This mandated reporting responsibility damages the trust between minors and therapists and seriously harms the therapeutic relationship.

3. Minors cannot fully disclose their emotions, feelings, and thoughts about engaging in certain sex acts.

4. The existing law breeds cynicism in minors about the therapeutic process and societal rules in general. Therapists working minors are forced to engage in a “don’t ask, don’t tell” philosophy when explaining the limits of confidentiality.

5. Therapists who choose not to report are exposed to liability.

6. The existing law adds to the workload of children’s protective agencies that receive these mandated reports.

7. The law is heteronormative; it favors consensual sexual intercourse between a male and female over consensual oral or anal sex.

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