A recent appellate decision in California is causing a minor stir throughout the mental health treatment community, particularly for those involved in the treatment of sexual addiction or compulsion.

A certified drug and alcohol counselor and two licensed marriage and family therapists in California sought a court declaration protecting the privacy rights of their patients’ therapy sessions. All three plaintiffs work with patients that struggle with sexual addiction/compulsion. As a result of a change in California law in 2015, the three are now required to report to law enforcement when their patients disclose having viewed child pornography online. Needless to say, many therapists have been feeling the implications of the new law since it took effect.

No Privacy for Disclosure

For therapists, patient trust is critical. In reaching their decision, the California Appellate Court recognized that “Unless a patient … is assured that such information can and will be held in utmost confidence, he will be reluctant to make the full disclosure upon which diagnosis and treatment … depends.” Nevertheless, the court also recognized that the “right to privacy must yield in the furtherance of compelling state interests.” And, preventing child abuse is a rather compelling state interest.

However, despite seeming to have logical support for invading a patient’s right to privacy in this limited circumstance, the court goes on to explain that there actually is no privacy right at all when it comes to viewing or possessing child pornography. That the law “expressly exempts information regarding suspected child abuse or neglect from the psychotherapist - patient privilege.” The court notable pointed out that “the protective privilege ends where the public peril begins.”

Related Resources:

  • Everybody Must Report Suspected Child Abuse: N.M. Supreme Court (FindLaw’s Decided)
  • Supreme Court Vacates Child Porn Victim’s $3.4M Award (FindLaw’s Decided)
  • Etan Patz Case: When Must You Report a Confession? (FindLaw Blotter)
  • Who Has a Duty to Report Child Abuse? (FindLaw Blotter)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules