*Hypothetically*
If a person had been sexually assaulted over a period of 6 months and then raped (female on male (older sister on younger brother) - not that it matters, I suppose), when they (victim) were aged 12, abuser being 23 and also having been physically abused by a lone parent (father) since near birth and then was physically and sexually assaulted (in the extreme) two days after the rape event when going to said parent for help "Boys don't get raped! They rape!" as the person in question was advised...... if this all came out during yet another period of psychiatric admittance to hospital (Section 2, Mental Health Act) to the psychiatrist and nurse(s), if one of the abusers were still alive (now aged 60+), are they legally obliged to keep patient confidentiality or are they required legally to inform the police?
All hypothetically, of course.
Just interested, that's all, The internet isn't hugely helpful and I'm pretty sure web use is monitored in here but then I'm ill so it could be paranoia
Legally obliged to maintain confidentiality.
I think that there is a caveat in that that [u]if[/u] they became aware of a child currently at risk (eg. Grandchild) they would have a duty to disclose
Unless there is a current risk of harm to anyone then it would remain confidential. e.g. if the abuser was potentially in a position to do the same again.
No it's not as clear cut as confidential.
Consent to disclosure of information can also be implied - when it is assumed the person in the care of a healthcare professional understands that information may be shared within the healthcare team - required by law or be justified by reason of ‘the public interest’.The latter enables staff to disclose information to prevent, or to support detection, investigation and punishment of serious crime and/or to prevent abuse or serious harm to others, in cases such as rape, child abuse, or murder.
The Police and Criminal Evidence Act (1984) allows healthcare professionals to pass on information to the police if they believe that someone may be seriously harmed or death may occur if the police are not informed.
No one should have to make these decisions by themselves and it is always advisable to gain advice and support before making decisions of this nature.
Wot they said. Usual route would be to try to get the person involved to report it or accept the professional reporting it but unless someone else was perceived at risk then confidentiality trumps the duty to report a crime
[url= http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality_reporting_concerns.asp ]GMC guidance here.[/url]
As I understand it, medical professionals (including psychiatrists) have a duty of care to protect the future health and wellbeing of their patients and others. So, for example. if a patient told his psychiatrist he was going to go home and beat his wife, the psychiatrist would be duty bound to inform the police. Likewise, if a child disclosed ongoing sexual abuse, the psychiatrist would be obliged to inform the police. etc.
However, in a case of historical sexual abuse where the abuse stopped a long time ago, GMC guidelines would not require or recommend that the doctor inform the police. They're doctors, not detectives.
Hypothetically, I would wish anyone who had suffered the abuse described in your post the very best of luck and courage, and would hope that the process of healing would bring them lasting peace of mind and happiness.
I wouldn't expect a doctor to disclose historical crimes to us. My experience is that they are very reluctant to breach patient confidentiality for fear of losing the trust of the patient - it's a massive thing for them. (But equally, generally very helpful when the patient is happy for them to assist with enquiries).
Hypothetically, all the best.
Thank you very much. A 'hypothetical' conversation is going to take place over the next week. There is a sense of 'power' being given to the abuser if this comes out and the police are involved. In fact, a veritable explosion would take place and quite possibly, the hypotheticals immediate family are going to go through the mill but on the other hand, unresolved issues concerning the sexual and physical violence (i.e. mental illness) is intensifying as time passes, not disapating. The end of each drug enduced night time sleep is met with sobbing that a new day has started and death didn't occur during the night.
People and life can be hideous but the hypothetical person takes pride in one thing over all things: You do not HAVE to do what was done to you. Quite the opposite in fact. According to the hypothetical persons daughter, he is The Best Dad IN THE WORLD!
That hurts so much and I can't say why.
Thank you again.
The hypothetical person has suffered enough and should do whatever he needs to to help deal with it. Since he is the best dad in the world in his daughters eyes then he is clearly doing a lot right. Perhaps he owes it to himself and his daughter to do whatever is necessary to try and resolve the unresolved issues?
The person can only do what is right for them.
I am aware I live in a very black and white world but I would want to see the person who instigated the cycle of abuse dealt with properly for it. It might just protect and / or help others as well.
Certainly for me it would help recovery I would have thought however I am well aware other might see it differently.
the person at the centre of this has to do what is right for them. If it effects others consider that but is it better it all comes out in the open now and thus healing can start?
scunny - Member
Legally obliged to maintain confidentiality.
Not in Australia
"It is a legal requirement in Western Australia for doctors, nurses, midwives, teachers, police officers and boarding supervisors to report all reasonable beliefs of child sexual abuse to the Department for Child Protection and Family Support.
On 1 January 2009, the legislation that governs mandatory reporting of child sexual abuse became part of the Children and Community Services Act 2004."
Dear hypothetical person.
I hope you are ok today. I hope you have had chance to speak with your daughter this morning, as that's important.
Speaking as a patient not a carer and as a father, I really hope you can find the help you need and work through this.
I'm sure you are focused on the love you have between you and your daughter. Because that's a great thing and a great path forward.
Please take any and all the help that is offered. Please keep talking, on here is as good a place as any. There are plenty on here who have both needed and given help.
It's ok.