Therapist asking questions?

[Lee2001]

Hello everyone! So I have been in therapy for about 10 months now. Have a history of CSA, abuse, etc. One thing that happened involved voyerism... so that being involved the therapist is bringing up where that evidence is, or may be. I was so young and I am fairly certain that evidence is probably long gone. I do get the feeling T thinks I know where the evidence is or he is convinced it is still in my family's posetion. Can T report this? He asks so many detailed things that makes me think that's what he is up too? He has been a great T and I trust him...I am just a bit nervous this is a possibility. I wouldn't think he could but after last session I am starting to wonder? What's your experience and have any of you had T report anything with out your control?

 

[Holdingontohope]

My T has told me that if he was ever going to report something he would talk to me about it and I would know that he was reporting it. If you are worried about him reporting it, ask him about it. Either he will be able to put your mind at ease about it or it will open up a dialogue about it. Either way, the only way to really know is to ask him.

On a side note, I'm kind of curious why your T would be asking you for so much detail. Is it because you are using a specific type of therapy or something? My T has always told me that I can share as much or as little detail as I want/need to in order to process stuff. The only time he would ask something would be to clarify or to get a better understanding of something in order to better help me. He would never push for details for some other ulterior motive.

 

[Justmehere]

As far as if you should report or not, you could consult a victim advocate at RAINN.org about if/when/how to do that. You can report any crime at any point, but I don't know if it would be past the statute of limitations or not. Evidence of past or current criminal acts could still exist.

I do get the feeling T thinks...

Be very careful of trying to read the therapist's mind. Almost everyone tries to do it and it pretty much never works. (I have certainly tried, so no judgement here!) Instead, ask him why he is asking detailed questions and what he thinks about reporting and not.

If he has reason to suspect this is happening now and a minor child is at serious likely risk right now, then he might be asking to consider what has to be done to keep the child safe -- but therapists almost always tell the client before they do anything.

Generally speaking, if you are over 18, your therapist legally can not report a past traumatic event that happened to you. Also, the police wouldn't be able to use a therapist's report to do much, they would have to ask you directly about it.

Here is more info on confidentiality in psychotherapy: Confidentiality in Clinical Psychology

 

[lostforgottensoul]

I would ask why he is wanting to know where the evidence is. Also, since you are worried about this, ask him if he is planning to report it.

I agree with @Justmehere, I have tried and still do try at times I think, to read my therapist's mind and it has always been 100% wrong and is usually on the complete other end of things.

The evidence from my trauma was burned in a bonfire the night before I moved out. But, I do believe some of the evidence is still in the deep web some where. I don't know for sure though.

 

[EveHarrington]

There is no limitation on the reporting of child abuse. It's not a "statute" issue which applies to criminal law. If your therapist has enough details to report a specific person, then it must be reported since it was child abuse and this could indeed help prevent that person from hurting more children-----at least in a few states, I don't know the laws in all states.

Suffice to say, when you say "enough", you get no choice in whether or not it is reported----by law.

 

[Justmehere]

There is no limitation on the reporting of child abuse. It's not a "statute" issue which applies to criminal law.

You are right - there is no statute of limiations on reporting anything at any time. Police can always take a report. Let me be more specific - here is a list of the statutes of limitations on being able to prosecute child abuse for each state. Some states there is none, some it's 6 years past the age of "majority" - http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx

Generally, therapists are mandatory reporters for child abuse for clients who are minors, but not for adults. The standard to breach HIPAA or other applicable privacy laws protecting session confidentiality is usually very high, and unless someone is in danger of imminent harm right now, it's usually not a requirement for a therapist to make a report. In the end, you are right that different laws do apply in different places. It is best to ask the therapist upfront when they would and would not report. Some states require therapists to outline privacy policies and when they would breech confidentiality at the first appointment, and/or in their intake paperwork - and that could be another resource for info.

 

[Lee2001]

Thanks every one. I feel better about this and I will just ask the T if he was considering reporting. I also like that most of you said he would probably talk to me before reporting anything. It is a bit confusing what constitutes what he can report. I totally understand if children were in their direct care but I think there is a grey area due to how can one be sure they wouldn't be around children? As for the details he was asking, it was more about where we had moved as a child, and where all of the things from moving might be like in storage or something.... and where the storage was etc. Totally seemed to be trying to pinpoint where the families property would be. T has always told me that people who are into voyerism, or anything like that tend to keep the pictures like trophys etc. Either way it's all a little stressful. Thanks for everyone's responses! Love the support here form people who get it!

 

[kilted]

The crucial thing is all jurisdictions I have come across is that statutory disclosure only applies if there is a present danger to humans or the state. I have not come across laws in first world democracies where a therapist would be legally required to disclose information around historic events where there was no current risk.

If anyone has anything that runs counter to that I'd be interested to hear it, particularly in the EU or US state law.

 

[blueangel371115]

Suffice to say, when you say "enough", you get no choice in whether or not it is reported----by...

One of my incidents involves child on child (under 10) and I really need to mention it as it is a precursor to one of my trauma encounters ( parent's discipline afterward) but I don't want the people to wind up on the sex offender registry.

 

[kilted]

In the UK, it takes a trial by jury before a judge can pass a sentence that includes someone being placed on the sex offenders register. For trial to happen the police start from the premise of needing a witness willing to testify and some corroborating evidence. Hearsay (ie your therapists word) is not acceptable. The UK is going through a period of looking at historical sex abuse of minors by celebrities..... since there is only one witness to each event and no corroborating forensic evidence, they rely on multiple independent people testifying in public that similar events happened to each person showing a pattern. This is notoriously hard to do.

What is worth considering is that your fear of someone being put on sex offenders register is a false fear that was planted in you by the offenders/colluding bystanders to ensure the secret was kept. Offenders/colluders us things like "you will not be believed... it's your word against theirs", "they're an adult/respected etc etc" and " you wouldn't want to destroy his life would you.... not for something like this...." these messages are an integral part of creating the warped power dynamic that is so damaging to people who've been abused. The abused person struggles to escape the deeply implanted false truths that are given by the abuser and not refuted by other healthier more objective people in the abused persons life.

The question you ask is jurisdiction specific and can only be answered accurately by a lawyer or someone experienced in the legal framework around this type of situation in your country. If it is something that concerns you and is blocking your growth then asking a lawyers opinion on the LAW, not the incident.... so you are not giving any identifiable info may help... in addition, lawyers are bound by legal privilege which means conversations between lawyers and clients are completely confidential... this is a crucial part of the legal system... lawyers CANNOT betray their client.. if they do so they can be barred from practicing as a lawyer.

You could also call an anonymous child abuse helpline.... the helpline operators are trained to signpost people to appropriate resources, which in your case may be a legal advice service.

 

[blueangel371115]

It's a weird situation. it probably won't come up for a while in therapy but I'm really not sure how to proceed. It was really kids just being kids and no adults were there. No one 'made' them do it. The adults kept it quiet after. The oldest was under 13. It's that chestnut of is child 'experimentation' a 'bad thing' or even illegal. I'll have to look into it.