Hi,
I'm in the situation where I now know, from a first hand witness to what would be considered a crime, of events in the past that have, I think, affected me greatly.
I didn't commit the crimes, but someone who I care for greatly, did, against others I care for greatly.
Does that make sense?
I want to discuss all of this with my psychologist. It really has completely turned my world upside down, but at the same time makes complete sense.
I was not the victim of the crime, as far as I can remember. But I also remember nothing for large periods of my life, so can't be sure.
My question is, if I disclose historic criminal acts to my psychologist, do they have a duty to disclose those acts to police? There is no danger to anyone anymore, the main perpetrator is dead. But, I guess accomplices, to those crimes are still alive. The accomplices are people I still care for greatly, whom I don't wish to hurt, even though they've made terrible mistakes.
I don't want them to go to jail, and neither does the first hand witness/victim of those crimes.
What do I do?
Hey, I'm a psychiatrist not a psychologist but we basically have similar ethical obligations in these sorts of scenarios and ultimately fall under the same national registry - the Australian Health Practitioners Regulation Agency.
My thoughts, not knowing precisely the nature of your history, is that it's probably safe for you to disclose without your psychologist feeling obligated to inform others. This is unless there is a clear sense that the perpetrators / accomplices are still at high risk of further harmful actions. The code of conduct, as you realise from others' posts are somewhat vague in this regard, mentioning only duty to disclose confidential clinical information in the case of a "legal" need to. Unfortunately, this is deliberate, as it is somewhat left up to individual practitioners to interpret - this forms a basis more for a "no fault" policy to protect practitioners when they do feel a responsibility to disclose than it does an absolute instruction to abide by to disclose everything. Practitioners are not to conflate the ability to disclose and the obligation to disclose, although there are certain circumstances where we are definitely obliged to disclose. Your situation does not seem like one of them.
Please look at this website for further guidance:
https://www.mips.com.au/Articles/the-limits-to-patient-confi…. It admittedly applies more to physicians, but as I mentiined, the ethical bounds are similar. Also, feel free to contact the governing body, eg. the Psychology Board of Australia to enquire about your concerns; I think there are ways to do so anonymously.
Thank you so much :)
I am a psychologist, and luvv is spot on. Some of those on here have highlighted some key points in terms of obligation to disclose confidential information (ignoring the trolls) . Main point I think to consider is "there is an immediate and specified risk of harm to an identifiable person or persons that can be averted only by disclosing information". While not knowing your whole history and circumstances, if the disclosed information suggests ongoing or potential risk of safety to yourself or others then a psychologist may be obligated for reason of ensuring the safety of yourself and the community.
With the idea that it is illegal and therefore obligated to disclose informstion is not totally accurate. Consider the situation of a minor that is drinking and smoking, that is illegal but a psychologist would unlikely disclose that to authorities. The legal obligation in the code of ethics, stems from the concept that a court subpoenas the psychologist, and even then, only pertinent information to the case can be released.
I would highly recommend discussing with your psychologist her understanding and view on mandatory disclosure,and she can explain it further to you.
On a side note, it sounds like it has been an extremely difficult time for you and for those around you. It is absolutely fantastic that you're finding an appropriate outlet to work through your issues. It's a tough road you're walking, and my 2 cents is "three steps forward, two steps back, but you're still moving forward". Your awareness and motivation to get well are huge steps forward, and while there may be setbacks, keep moving forward bit by bit.
P.S. Forgive the username.
Hah, I had to scroll back up to see your username. It made me laugh.
Thanks :)
Sounds a bit vague to me.
To disclose or not to disclose.
that is the question
That's philosophy, not psychiatry nor psychology.