Would you release your therapy notes to the police?

[EveHarrington]

I don't think so. Not unless the child in question is still underage and believed to be at risk of...

In America this is how it is. I have no idea about other countries.

My bad. Bowing out. I don’t interact with the OP. Missed the name change.

 

[Sideways]

Anon - my therapy notes are all from therapy I’ve done as an adult.

In terms of redaction - I know that’s possible in civil claims, but I’m not sure if it’s ok for criminal matters. I’d need legal advice on that. And also, I guess, if consenting to the release of past records may give a defence attorney argument to access records on an ongoing basis. That would’nt be ok.

I don’t think the circumstances of my childhood abuse and the very limited detail in my file would result in any mandatory reporting. But it would expose my sister’s history of abuse, and she doesn’t deserve that. I’d need to know anything about her would be excluded, and I don’t know if that’s possible.

In civil matters, it’s too much of a minefield, so pdocs usually only agree to writing a report answering specific questions, and I wouldn’t mind my pdoc (or any of my past T’s) doing that...I don’t think...

I actually don’t know.

 

[scout86]

so pdocs usually only agree to writing a report answering specific questions,

That seems pretty reasonable. The thing with the police is, if they're conducting an investigation, THEY probably want all the information they can lay their hands on, relevant or not. Figuring they'll just sort through it. There's nothing in there that THEY have any reason not to want public. So, to make it easy on themselves, they'll start by casting as wide a net as they can. They can work a little harder and be more specific.

The mandatory reporting thing varies not only country to country, it varies from one state to another, at least here. Where I live, as an example, they have to report abuse of a minor. They don't have to report childhood abuse of an adult. Obviously, I have no idea what the case is where you are, but your T will know. (I'm afraid I'll be thinking "Oh, that's Ragdoll" for awhile myself. LOL )

 

[shimmerz]

I wouldn't actually want even my closest and best of friends to see my therapy notes. No way would I disclose to the police. Is there a reason that they need your notes? Like specifically? Because anything in your notes is also in your brain, right? And as I recall, you are DID (or DIDish) and that would be in there wouldn't it? To me, that would be like writing a statement that says 'anything I say is going to be questionable'. People don't get this stuff and certainly police don't.

Anyway, given the information you have posted, I can't see any good reason to release that information to anyone.

 

[Sideways]

@shimmerz - yeah, DID isn’t widely accepted as a ‘real thing’ here, so it could so easily be used like that. I don’t even think they’d have too argue I was insane - they could just say something like, “So, you’ve got DID...? Riiiiight.”

I think I may have told the police that, or my pdoc already has. But having notes about me switching in therapy? Doesn’t paint the picture of someone who is a whiz witness.

 

[shimmerz]

Exactly. We all have enough problems I suspect with being invalidated due to our PTSD/DDNOS/DID stuff. The last thing we need to be doing is handing over information to others who would love to invalidate us so that they can get home early for dinner. So, yeah, I would be really, truly, super duper cautious about this.

“So, you’ve got DID...? Riiiiight.”

Not sure how much you want to invite this kind of attitude, which is fairly prevalent, to be a part of your reality. The way I see it is that if someone is wanting a reason to invalidate me, I am going to make them work for it.

 

[Sideways]

The way I see it is that if someone is wanting a reason to invalidate me, I am going to make them work for it.

And it would kinda be nice to know that the police were spending a bit of time investigating him...rather than me...:confused:

 

[whiteraven]

Absolutely not.

@shimmerz - yeah, DID isn’t widely accepted as a ‘real thing’ here, so it cou...

Agree with this. It doesn't matter how we perceive ourselves with DID, very few professionals (of any sort, not to mention lay people) are accepting or kind when it comes to it.

Not sure how much you want to invite this kind of attitude, which is fairly prevalent, to be a part of your reality. The way I see it is that if someone is wanting a reason to invalidate me, I am going to make them work for it.

I have DID and the knowledge that other folks do not accept me because of this diagnosis IS a part of my reality. We have to be very careful with certain people, because that's just how it is.

 

[Justmehere]

I would not personally release my records if I had any choice. Police are not medical professionals. They would not read therapy notes and medical records as fellow medical professionals. Medical professionals who are not working with legal counsel or have not had a ton of experience in this area won’t always know how to get across the right things to the police.

Also, it would f*ck up my therapy and any sense of being able to speak honestly and freely in therapy. I personally would just be messed up about therapy.... that may be very unique to me though. I’m ridiculous about privacy in therapy.

I also would not do it because even written answers are not really helpful to the prosecution at a trial unless the defense can cross examine. How does cross examining happen? In some countries, it means the author of said notes being put on the stand. Seeing my therapist on the stand being grilled by a defense attorney would be really hard.

In the US, the therapy notes would be considered hearsay and not admissible generally —- because of this general legal principle: notes can’t be cross examined. Notes can’t be put on the stand. Notes can’t be heard by the a jury considering guilt or innocence of the perp. Doctors and therapists can be questioned, crossed examined, and then once on the stand, and only after they are speaking about the matter in court, then the evidence of notes is admitted for the jury to read, to back up what’s being said on the stand. Doctors and therapists on the stand could be questioned, and thus the victim could face subsequent loss of control over what they are questioned about.

This is part of why many trauma therapists in the US take very few notes about trauma, and would and do fight subpoenas to speak on it, no matter how truthful the victim.

Austrailia could be really different than the US... but you could risk this all possibly backfiring in some other way you don’t expect and could help the defense put your mental health on trial. Not the perp.

Police ask for many things. In the US, short of a court order, a victim can say no. In your country? Gosh I hope you can say no without I being an ordeal if you choose to do so.

I’d strongly suggest talking to a decent victim rights attorney, or even a health records privacy attorney, or at least a solid victim advocate in your area, so you can make an informed choice.

 

[Suzetig]

I'm going to say very gently that you may not have a choice. If the police are investigating a crime they can ask for the court to order your records are released for the purposes of their investigation (called a Citation where I am or a subpoena in the States). Asking the client for permission is always the first step in the process because it's better to do it with consent but if they really think there's evidence in your notes (especially if they're struggling for evidence), they'll likely go to court.

In terms of redaction in the UK your T could redact anything that wasn't about you so any reference to other family members or third parties who weren't the person being investigated, I know Australia has a similar legal system. That might be enough to keep your stuff safe? You could also ask your T what they've actually recorded - many Ts I know purposely don't record in lots of detail because the notes could be called at some point so you may find there isn't much in there. In any event you're entitled to see your notes so it's worth doing that just so you know what they're asking for.

On the other hand, in my experience the police have been incredibly sensitive to the fact that they're looking at someone's private records and treat them with respect. I've not know them to start investigating a second crime based on what's in therapy notes and certainly not where an adult is talking about abuse as a child. Reporting of historic sexual abuse is a whole other can of worms and if there's no active complaint the police can't do anything.

I'm not saying all this to make you panic about your notes, bit to give you space to really think about what might happen if you end up not having the choice, which is very possible.

 

[lostforgottensoul]

Absolutly I would not, if I have a choice.

Also, my therapist's office has this rule that you sign off on that I've never really understood. That your therapy notes are not ever released to you but rather to just the next therapist if you decide to leave. I am not sure why. Maybe to keep people from twisting them or becoming suicidal over them? I honestly never asked as it's never bothered me to not ever see them but if this police thing was a thing in my life I would freak and would want to see them first and yeah, would freak. And then like @Justmehere said, that would f*ck up therapy for me (not just a you thing) and I would also not feel like I could be honest and would feel like I have to hide things. Today I hide nothing and there is a tremendous amount of trust between me and my therapist. That would be thown right out the window for me!

So, if I had a choice, I absoultly would never release my therapy notes to police.

 

[blackemerald1]

@Sideways I agree with @Justmehere & other's!

Whilst I have not been in your exact position... too close!

The Defense can & probably will subpoena your note's, report's, medical & psych., That's going to be their primary target... your history. It's not the police/prosecution you need to worry about it's the bloody defence. They will be handed the Prosecution case. Evidence relied upon in that Brief can & probably will be used to get the perp, (their client) off.
At the same time there are hearings called 'Directions hearings'. That's when the Judge hears how & what is happening with the progress of this case..towards the first Committal proceeding & then possibly if it goes on from there to the Trial.
You must speak to the Officer in charge of your case. Must!! Please!!
I am so upset this is happening to you.
I can't say more here.
Will pm you. Is this ok?