counsellors and confidentiality???
BeautyFromPain
Posts: 4,952 Member
in Chit-Chat
I want to see a counsellor about something which happened to me in my past.
I was physically abused by my brother (who is autistic) for years on end, I don't want to get him in trouble, I want to talk to them on how to heal and get past this? I've been having troubles with stress and sleep cos of this and think I might have PTSD.
So if it happened 5ish years ago, when you are both under 18 can they report it?
I was physically abused by my brother (who is autistic) for years on end, I don't want to get him in trouble, I want to talk to them on how to heal and get past this? I've been having troubles with stress and sleep cos of this and think I might have PTSD.
So if it happened 5ish years ago, when you are both under 18 can they report it?
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Replies
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It depends on your state, if you're in the US. The statute of limitations can be different. Any child abuse they are supposed to report I believe. Was he older than you? If so, was he older by five or more years? If not, then I think he'll be fine.
I would recommend calling the counselor first. Tell them straight out that you need to know their confidentiality policy. Explain that this is about you healing (don't tell the circumstance over the phone) and you need to know if they will keep things confidential.
As I understand it, in the US, for him to get in trouble you would need to press charges. I could be wrong, but I think it truly is up to you. HTH0 -
It depends on your state, if you're in the US. The statute of limitations can be different. Any child abuse they are supposed to report I believe. Was he older than you? If so, was he older by five or more years? If not, then I think he'll be fine.
I would recommend calling the counselor first. Tell them straight out that you need to know their confidentiality policy. Explain that this is about you healing (don't tell the circumstance over the phone) and you need to know if they will keep things confidential.
As I understand it, in the US, for him to get in trouble you would need to press charges. I could be wrong, but I think it truly is up to you. HTH
I live in Australia and he is younger than me.0 -
You can ask the counselor when you get there. Most of them have to keep things confidential, as long as the person they are dealing with are over the age of 18. But you can ask them and if they tell you it's not going to be kept confidential, you can choose not to see that counselor. Good luck. I am sorry you are going through this!0
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I've heard they are supposed to be confidential unless it involves imminent danger to you or someone else.
What's past is past, although they may have different rules for minors.
Ask first, and if you can, get a copy of the written policy. Then provide details.0 -
The link below seems to offer fairly comprehensive information about confidentiality laws in Australia. From what you've said, and a skim over the webpage, unless your brother poses an imminent danger to others, a counsellor would be obligated to keep your discussions confidential.
http://au.reachout.com/find/articles/confidentiality0 -
You can ask the counselor when you get there. Most of them have to keep things confidential, as long as the person they are dealing with are over the age of 18. But you can ask them and if they tell you it's not going to be kept confidential, you can choose not to see that counselor. Good luck. I am sorry you are going through this!
Might be the best thing to do, thanks!0 -
okay, thanks!The link below seems to offer fairly comprehensive information about confidentiality laws in Australia. From what you've said, and a skim over the webpage, unless your brother poses an imminent danger to others, a counsellor would be obligated to keep your discussions confidential.
http://au.reachout.com/find/articles/confidentiality0 -
Not sure of the laws in Australia, but typically a counselor would not be obliged to report the type of situation you describe. I do provide mental health services, and from what you describe, I would not be bound to report. I would say, though, if you have any reason to believe your brother could be continuing his abusive behavior to others, you need to report him.....0
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If you know he's abuisive, and see the damage he's done to you, than why wouldn't you report him and stop him? Just because he's autistic, doesnt mean he should't be held responsible for his actions. Think of the other future victims you may keep him from harming, by stopping him.0
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The counselor will explain their limitations of confidentiality right off the bat. They should also have it in writing for you. This is definitely something that the two of you will need to share agreement on before entering into the counseling relationship. Best wishes.0
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Confidentiality is usually only broken when there is imminent danger to yourself or somone else.0
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I am a counselor and I work with troubled teens. If a teen client reported to me that they are currently being abused, and are currently in danger of being abused, I would be legally and ethically obligated to report it and to inform their parents.
However, if you are over 18 and the abuse happened years ago and you are no longer in danger, then it is confidential and there is no obligation to report the abuse. At this point one of the main purposes of counseling would be to help the client determine what he or she wanted to do about the past history of abuse.
In short, in the situation you describe it should remain confidential and whether or not to report it is u to you.
(But it would be helpful to ask the counselor ahead of time how they would handle this situation).0 -
Not knowing how things are where you live...typically if there is continued potential harm to come from the person I was obligated to report it... I would also make it clear to the person I was counseling that this was the rule. If it was someone under age 18 I was counseling, if there was potential harm to come to them by an action on their part, I told them and the parents up front I'd be having a conversation with the parents...0
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In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.0
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If you know he's abuisive, and see the damage he's done to you, than why wouldn't you report him and stop him? Just because he's autistic, doesnt mean he should't be held responsible for his actions. Think of the other future victims you may keep him from harming, by stopping him.
Because I'd like to not be kicked out of home until I can afford to not be homeless? Plus he has never done anything to anyone else, including my other siblings, just me.0 -
In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.
Even though it stopped years ago?0 -
In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.
Even though it stopped years ago?
Counselors are afraid of being sued or losing their licenses. That fear will trump everything. So, if they have absolutely any doubt on if they should or should not report something, they will report it to cover themselves. At least, that is the mindset in the US.0 -
In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.
Even though it stopped years ago?
Counselors are afraid of being sued or losing their licenses. That fear will trump everything. So, if they have absolutely any doubt on if they should or should not report something, they will report it to cover themselves. At least, that is the mindset in the US.
Sweet, thanks for letting me know. Guess I just have to keep it to myself then and have my ptsd become so bad i can't function
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You do have other options besides waiting for your PTSD to harm you further. There are usually sexual assault helplines that are confidential, free, and anonymous. You can start there and ask for information about the laws on confidentiality in your country for people who are currently over 18. They can help you figure out your unique situation and where to get help. If your siblings or the brother that assaulted you are under 18, you may want to discuss this (again, anonymously) with someone for further guidance as that can also complicate the issue. You sound like you would like someone to talk to now. Best of luck to you.0
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In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.
Even though it stopped years ago?
Counselors are afraid of being sued or losing their licenses. That fear will trump everything. So, if they have absolutely any doubt on if they should or should not report something, they will report it to cover themselves. At least, that is the mindset in the US.
Sweet, thanks for letting me know. Guess I just have to keep it to myself then and have my ptsd become so bad i can't function
No. What you should do is call a counselor you are thinking of seeing, and before you make an appointment or give your name, ask, "If I report on abuse that happened years ago, you are not obligated to report it, are you? It is currently not happening."
The worst they can say is that they have to report it, and at that point, you hang up and you're back where you started. But you're not in a good place, I can tell. Consider telling a family member or consulting a self-help book. But counseling would be your best bet. But if you have to wait until you're financially independent, then you have to find coping mechanisms until then.0 -
In the US it would be reported. My wife is a counselor. They have to do this legally. After it is reported an inquiry would be made. Where this stops would then be up to the one that reported it in most cases. I'm sure this is very similar in AUS but I would definately check the legality first in order to be best informed about the situation.
Even though it stopped years ago?
Counselors are afraid of being sued or losing their licenses. That fear will trump everything. So, if they have absolutely any doubt on if they should or should not report something, they will report it to cover themselves. At least, that is the mindset in the US.
Sweet, thanks for letting me know. Guess I just have to keep it to myself then and have my ptsd become so bad i can't function
The US medical/psych mindset and the rest of the world are poles apart. Most historically-British countries do not have the same litigious culture. My sister is a final-year Med student in Oz, and did a psych rotation earlier in the year. She's currently on a boat on the Amazon doing a tropical-medicine placement (!!!), but as soon as she has skype/email/phone reception again - a few days time - I'll run this past her and see what she says. In the meantime, have a look at the link I posted. FlaxMilk is right to point out that if your brother or other siblings are under 18 (are they?) that will complicate matters, but don't assume silence is your only option either.0 -
I've spoken to two psychologists in two different countries (including the US), and the rules were the same: confidentiality unless there is imminent danger to myself, others, or property. The only difference was that, in the US, I got a full document describing the confidentiality policy rather than just being told. In any event, I would assume that the rules of confidentiality get discussed in the first session in Australia as well.0
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For some reason, I misread this as being sexual abuse. If there was no sexual abuse, and there is no physical abuse going on with any siblings, it's highly unlikely that they would report anything unless there was current risk to minors. If there was sexual abuse, and there are minors in the home, that becomes different for a few reasons.0
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