It seems so clear, right? Cutting a boy’s genitals violates the U.S. Constitution, state and federal laws against sex-based discrimination, and statutes and regulations regarding the use of government funding for medically unnecessary services. It also meets definitions of assault and battery — because the child cannot consent — and the surgery serves no therapeutic purpose. And, as we know, both short- and long-term consequences are not uncommon, and some are severe.
So… Sue the bastards!! Right? Over recent months, I have reached out to personal injury attorneys from nearly a dozen states, including those with laws that most liberally favor malpractice cases. I told them that Intact America (as well as other intactivist organizations) are receiving more and more complaints from parents of boys with significant injuries that occurred either during circumcision, as a result of forcible foreskin retraction, or that appeared later. It was our hope, given the limited bandwidth (and resources) of our fellow intactivist who are lawyers, that we could identify a larger group of practitioners who would be willing to review and take on lawsuits from individuals wanting to sue.
Unfortunately, it’s not that simple My conversations were uniformly sobering. Here are some of the comments from the lawyers I spoke with:
- The standard for evaluating a case is whether any other doctor would have done the same thing. Circumcision is so common, it’s almost impossible to find a situation that’s so unusual as to make one stand out.
- If we think the dollar value of the recovery is under $250,000, we can’t even consider taking it on. The expenses of preparing a case include research, hiring experts, taking depositions… It can take up to two years. And even though most cases settle, it’s the night before trial, so you’ve already invested all this money.
- Circumcision is considered normal in this country. It’s unremarkable. And a certain number of complications is normal. So…, you rarely have the facts needed for a lawsuit. [This same attorney let me know he is personally opposed to circumcision.]
But what about bodily autonomy and the child’s consent? When I asked about cases involving aggressive “selling” of the procedure to parents, misleading claims as to its benefits, and lack of informed consent, the lawyers brushed these facts aside with the same explanation. Ultimately, if nearly every hospital is circumcising, and if the parent signs a consent form, then there is no cause of action egregious enough to mount a lawsuit.
So, what now? At this point, as painful as it is to hear this message, counting on the courts to punish the participants in the circumcision machine is wishful thinking.
This doesn’t mean, of course, that we need to sit still as American boys are systematically violated. No, in fact, we need to document every case that comes to us and help the parties who were harmed by filing complaints with the physicians themselves, the hospital or other facility where the event took place (I call this “the scene of the crime”) and the professional (mis)conduct board of the state where it occurred. This is a massive task, but if we are able to amass and track enough cases, physicians will find it increasingly uncomfortable to continue to violate children by cutting off their foreskins and the promiscuous promotion of circumcision will decline.
If you would like to volunteer to help Intact America with this project, please write to us at [email protected]. Tell us what state you live in, and what (if any) experience you have with legal issues, customer service, or other activities that would help you to help us do this work.
In advance, thank you.