This Comment examines whether confidential communications between psychotherapist and client regarding child abuse must be divulged, or whether these communications are protected by either the constitutionally based right to privacy or the statutory psychotherapist-client privilege. The author also examines the civil and criminal liabilities that may be imposed on a therapist for unreported incidents of child abuse. The author further examines the effects that the imposition of a duty on therapists to report child abuse inflicted by clients, and the resulting compromise of confidentiality, would have on the therapeutic process.
Mary M. Hurley,
Duties in Conflict: Must Psychotherapists Report Child Abuse Inflicted by Clients and Confided in Therapy,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss2/15