To break or not break confidentiality
Me
all I am getting is rumors from other students, nothing from my client -
yet.
A teenage client was possibly raped, part of a gang initiation. She wanted
to join the gang, but didnt know about this part of the process.
Since none of the offenders are living w/ the victim, it isnt a child
welfare issue. Nor will it happen again.
If the offenders are all age related peers, do report to the police?
If the offenders are older, possibly adult, do I have to report?
If she refuses to be a victim, do I report?
If I report, can I be held liable for breaking confidence in civil /
disciplinary settings?
Thanks for any advise....I know what I want to do, but at this point, I'm
just concerned about the legal aspect.
'`'`'`'`'`'`'`'`'`'`'`'`'`''`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`'`
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Tim McNamara
"Me" <cras...@yahoo.com> wrote:
> I need some help in a situation that will be coming up soon. At this point,
> all I am getting is rumors from other students, nothing from my client -
> yet.
> A teenage client was possibly raped, part of a gang initiation. She wanted
> to join the gang, but didnt know about this part of the process.
> Since none of the offenders are living w/ the victim, it isnt a child
> welfare issue. Nor will it happen again.
> If the offenders are all age related peers, do report to the police?
> If the offenders are older, possibly adult, do I have to report?
> If she refuses to be a victim, do I report?
> If I report, can I be held liable for breaking confidence in civil /
> disciplinary settings?
>
> Thanks for any advise....I know what I want to do, but at this point, I'm
> just concerned about the legal aspect.
As far as I know, in all 50 US states and all the provinces of Canada,
as well as many other places, you are probably a mandated reporter if
you have reason to believe a minor has been the victim of physical or
sexual abuse or neglect. My advice would be to discuss whether the
situation is reportable with a supervisor and/or the appropriate
authority. My state has created a "Common Entry Point" for all such
reports and they will anonymously discuss whether a situation meets the
criteria for reportability.
Arcadian Rises
> I need some help in a situation that will be coming up soon. At this poin=
t,=0A=
> all I am getting is rumors from other students, nothing from my client -=
=0A=
> yet.=0A=
> A teenage client was possibly raped, part of a gang initiation. She wanted=
=0A=
> to join the gang, but didnt know about this part of the process.=0A=
> Since none of the offenders are living w/ the victim, it isnt a child=0A=
> welfare issue. Nor will it happen again.=0A=
> If the offenders are all age related peers, do report to the police?=0A=
> If the offenders are older, possibly adult, do I have to report?=0A=
> If she refuses to be a victim, do I report?=0A=
=0A=
Regardless of her consent, sex with a minor is rape, or statutory=0A=
rape.=0A=
=0A=
=0A=
> If I report, can I be held liable for breaking confidence in civil /=0A=
> disciplinary settings?=0A=
=0A=
What "confidence"? If I understand correctly, your assessment is based=0A=
on rumors from other students, not from the alleged victim, so I don't=0A=
see any break of doctor-patient privilege.=0A=
=0A=
It may be a moral issue, the type "I told you a secret and you=0A=
promised not to tell anyone" but not a deontological one. Even though,=0A=
if you put in a balance "telling a secret" with the consequences of=0A=
not reporting a crime, you figure what's weightier on a moral scale.=0A=
=0A=
=0A=
=0A=
=0A=