Premium
Conflict of interest between therapist‐patient confidentiality and the duty to report sexual abuse of children
Author(s) -
Miller Robert D.,
Weinstock Robert
Publication year - 1987
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370050208
Subject(s) - confidentiality , sexual abuse , privilege (computing) , statute , duty to warn , poison control , suicide prevention , child abuse , psychology , human factors and ergonomics , duty , psychiatry , medicine , psychotherapist , medical emergency , law , political science
All 51 jurisdictions in the United States require physicians to report suspected child abuse. In most jurisdictions, reporting requirements override both confidentiality and privilege associated with the physician‐patient relationship. The authors review the literature relevant to the conflict between privacy and reporting abuse and report the results of a national survey of therapists at sex offender treatment units. They discuss ethical problems experienced under these statutes by therapists who attempt to provide treatment for sex offenders, and by therapists who are required to report past instances of child abuse even when there is no evidence of ongoing abuse.