NCJ Number
128778
Journal
Criminal Justice and Behavior Volume: 18 Issue: 1 Dated: (March 1991) Pages: 98-112
Date Published
1991
Length
15 pages
Annotation
This article reviews some liabilities that may accrue when an alleged child abuser admits to abuse in a voluntary psychotherapy relationship, reviews the fifth-amendment privilege against self-incrimination as it may apply to adjudications of child abuse, addresses the limits of confidentiality generally, and discusses recent relevant court cases.
Abstract
In several recent court cases, parents alleged to have abused their children were ordered to undergo treatment or evaluation with a therapist who required that they admit to the abuse before therapy could be concluded successfully. The parents claimed that the requirement violated fifth-amendment rights against self-incrimination. These claims were accepted by courts, but in limited ways. Therapists should be aware that often an admission of child abuse cannot be kept confidential. The admission may result in loss of custody, loss of parental rights, or criminal prosecution. Accordingly, therapists should be aware of the liabilities that such an admission may create for a client. Courts may draw a fine legal line between effective therapy and unconstitutionally coerced admissions. To encourage full participation in court-ordered treatment, States should consider offering immunity from prosecution for admissions of past abuse made during that treatment. 45 references