RT Journal Article
SR Electronic
T1 Privacy Rights in Mental Health Counseling: Constitutional Confusion and the Voicelessness of Third Parties in Criminal Cases
JF Journal of the American Academy of Psychiatry and the Law Online
JO J Am Acad Psychiatry Law
FD American Academy of Psychiatry and the Law
SP 387
OP 395
VO 39
IS 3
A1 Wendy J. Murphy
YR 2011
UL http://jaapl.org/content/39/3/387.abstract
AB The past 20 years of criminal law and practice have produced much heat but little light on the issue of when, if ever, the accused in a criminal case can legitimately seek disclosure of a victim's privileged files that exist exclusively in the custody of a private third party. In many jurisdictions, forced disclosure is routine, and victims must choose between justice and privacy, resulting in either the dismissal or underprosecution of serious violence or the victim's opting to forego necessary treatment. This dilemma is disproportionately imposed on women and child victims of sexual violence, and it threatens to prevent healing for a significant percentage of victimized persons. This article outlines the legal and policy interests of third parties in this debate and offers a model set of procedures to protect against needless harm to third parties, while respecting the important rights of the criminally accused.