What Can A Therapist Report?

[GWhizz]

I thought my therapist could and was only obligated to report an abuser if they were still considered a threat to others.

But yesterday my T told me she could report them because 'they committed a crime'.

Is this true?

I haven't disclosed much yet and don't intend to give identifiable names anyway. But I'm still worried that, should she inform community care, they'll come knocking on my door and get access to things that could track other people. If this were to happen, I would get into a lot of trouble with certain people and bring the trauma back into my life I am sure.

I'm really concerned about this now. I don't want to report any of it as I have very little evidence anyway - it happened over a decade ago. And I don't want to ever face these people again or deal with the real threat of a backlash from them.

Is my therapist out of line to even say such a thing to me? Or is she simply trying to inform me of what she is professionally obligated to do before I lose control over the matter?

 

[Jane.l]

I think she's out of line, you are right she is only obligated to report if someone is still in danger - but if you don't give names and are not going to cooperate I can't see how it could go anywhere. But what is she doing?? That seems very unhelpful!

 

[anonymous]

I have no idea what its like in Ireland, but here in the USA the therapist is only mandated to report once identifying details are revealed. Otherwise, its an empty report.....the cops would go "so what?!?!" if someone came to them and said I want to report abuse but I have no one to identify as a perpetrator. Cops aren't generally in the business of hunting down victims and forcing them to speak. There are TONS of cases in which there is a complainant, an accused along with plenty of evidence that never end up going anywhere. Most police departments are too overworked to bother with a random pie in the sky "OMG there was a crime!" (with no evidence and no accused) sort of report.

 

[SeaQuel]

But yesterday my T told me she could report them because 'they committed a crime'.

What was the context of the conversation? I think this is a good topic to address with your therapist directly.

I didn't provide any information about my trauma until my therapist explained in very clear terms those circumstances in which she would have to report something (ongoing threat + identifying info, or a request from the client-me) and how she would go about doing so (in consultation with me).

This allowed me to know what her boundaries were, but more than that, I got assurances from her that allowed me to feel comfortable disclosing.

 

[Friday]

Predictable is preventable.

Meaning... You were ________. The likelihood that you were the only person ever to be ________ by that other person? Or will ever be _______ by that other person? Slim to none. So any crimes against persons? Would fall under that same rule.

As far as, say, organized crime? Guns & Gangs? Drugs? Terrorism? Etc.? Here in the states there are no laws (to my knowledge) compelling a mandated reporter to report criminal activity. Could be very different in Ireland, I wouldn't know. Here, their purview is crimes against persons, only. But they are allowed to report criminal activity if they so choose (unlike priests in confession), if and only if, they do not break doctor patient confidentiality in order to do so. Meaning they can never say where the information they came by came from. If they do? They lose their license to practice, and can also face some hefty fines and jail time. Many choose not to report, even crimes they have the details on, because it's not their job. Their job is to help the person in front of them, not bust up a smuggling ring. Some go so far as to be ordained, to be able to invoke religious laws, if questioned by police.

In medical ethics magazines and symposiums that very question comes up an awful lot. It's outside their compel-to-report clause, but they feel morally obligated as a human being/ citizen/ etc. to let someone know there's a bomb at the 49th at playground. Immediate threat to life may seem like a no-brainier, but it's not. Much less lesser crimes.

Other things? Like Anonymous ... "OMG! There's crime happening! Somewhere!" Is situation normal for police. Yep. There's crime. We know.

Anyhow... Point being... Just because someone "could" do something? Doesn't mean that they will, or to what extent, or if so how much effect that would have.

The ethics debate is a fairly interesting one, and it's an ongoing international discussion. So if it's something you're interested in? I'd suggest looking up some of those journals. Wild range of opinions on every topic. They're meant to be thought provoking.

 

[scout86]

But yesterday my T told me she could report them because 'they committed a crime'.

I suppose she could. But they'd probably laugh her out of the police station. Even if YOU reported the crime, at this point, getting a conviction would probably be hard. I'm not sure about the law in Ireland either, but there's a difference between "could", "should", and "has to".

It definitely sounds like something you need to discuss. You need to know where she stands and what she will and won't do, in order to go forward. SHE needs to understand that her words have consequences and that maybe she should chose them more carefully and explain them better if she really wants you to trust her.

 

[joeylittle]

I haven't disclosed much yet and don't intend to give identifiable names anyway. But I'm still worried that, should she inform community care, they'll come knocking on my door and get access to things that could track other people.

What everyone else said. As long as it is "a person", you should be fine. This kind of thing is much harder for people who are dealing with abuse within the family, because if you say "my uncle", for example, that can be enough information - GWizz's Uncle.

When I get into these situations in therapy, I'm really direct with my questions before I get into anything. So, you can say "what if I refer to the person as 'x', and I say they are in my neighborhood, but nothing else. Do you have enough information to report?" Ask about a number of hypothetical situations. You have a right to know where your information is going.

My take is, your therapist is letting you know where your information could go. It's good of her to tell you that in advance, and opens the door for you to ask more questions.

It would be good for you to know statute of limitations stuff as well - I don't know what it's like in Ireland.

 

[GWhizz]

Thanks everyone - I rang her office and left a voicemail stating that I need her to call me back to clarify something she mentioned in our session that's concerning me. I made it clear that I won't commit to coming back next week until I can get a clear understanding of what she meant.

I'm a nurse myself and my partner is a social worker. I have direct experience with this, hence I was so shocked and taken aback by her statement.

But it was actually my partner who was most surprised by it that made me begin to question it. He said she can't report anything unless I requested her to or gave consent. He gave me an example of when he worked in social housing and was trying to find accommodation for a lady still living with her father - she disclosed that he had sexually abused her for years but that it had stopped as he got older. He couldn't report it nor even use it to push her application for urgent rehousing forward. All he could do was inform her of her rights and options. And she was still living with her abuser.

By the way, my T has no information about my family or other people involved. But my worry is that she could contact my GP and use my social security number to identify my history and family of origin.

 

[GWhizz]

@DancingBull the context was me saying I was worried about trust and confidentiality. That I had this 'irrational' fear that telling her stuff may cause more harm than good as I was worried it would in someway come back on me by getting out to my abusers (again childhood irrational fears that are not real anymore). It was more a discussion of my reticence and avoidance to delve into anything with her for fear of a potential backlash, be it even that I'm left feeling worse or misunderstood or invalidated. But it seems my fears were not completely unfounded. At least, that she has the potential to report it to community care (not the police - social services and child protection), and have it investigated.

I can't do therapy if I'm going to be bombarded by investigation at the same time. It'll truly push me over the edge and I'm really disappointed that this is what I'm dealing with now.

 

[joeylittle]

But my worry is that she could contact my GP and use my social security number to identify my history and family of origin.

I think this is a great, specific question to ask her. it sounds to me like this is a level of "investigating" that therapists should not do, but what do I know? Don't be afraid to be direct so you can get a clear picture.

Even asking "would you take steps to identify the people I'm disclosing about, steps like using my ssn to talk to my GP, or even doing your own research?" - that is a little more open, but still specific.

 

[GWhizz]

So she rang me back yesterday. She knew from my voicemail what I was talking about and said she went to clarify it with her boss for me before she rang me. Basically she said they are mandated by their employer to report any alleged serious abuse to community care, even without names.

I told her I won't be back if that's the case - how can I build trust with that? I can't ensure that I won't have a flashback or dissociate and blurt out a name or something. She said she'll speak to her boss further on it and to come Tuesday, not to close the door on it just yet, she'll see what she can do.

The whole thing is ridiculously pointless anyway. I thought I would have to consent to a report. And I will not be answering any questions from anyone.

The problem is, I find it impossible to lie so I can't deny it never happened either.

 

[joeylittle]

they are mandated by their employer to report any alleged serious abuse to community care, even without names.

That is just disappointing. Is this a rule of her particular agency, or standard practice across all therapists - do you know? Grr.

I'd ask her:

• if there is a statute of limitations
  
• what constitutes 'serious abuse'.
  
• is there a geographical component
• is this for statistical use or legal use

If it's a mandate, there should be a written statement. Try and not take this as a signal or message that you should not have tried going back to therapy in the first place...I might be projecting, but I know that's where my head would go.

If it's for statistics, not prosecution - which is a reasonable possibility - you might have a different viewpoint on it. But, just, grrrr. :grumpy: