By David Joel Miller.
When might a counselor report a rape?
If the victim is an adult – counselors do not report rape. Rape is a crime. We do not report crimes unless there is a legal exception to confidentiality that requires us to report something. As far as I know, rape is not one of those crimes that get reported.
If the victim is an adult they should report it. We will try to help them, walk them through the process.
After seeing how rape and abuse survivors can be treated and the way reporting trauma can re-traumatize them, I can understand why they may not want their rape or abuse reported.
If the client is the perpetrator we do not report that either. It is up to the victim to report. What we should do is tell this client to stop doing that. They are ruining their lives and the life of their victim. That is if we even chose to continue to work with a rapist.
What if the victim is a child? You report the rape then, don’t you? No, not really. Not the way I understand my reporting responsibility. I do not report crimes. I do not report rape.
Wait a minute – the victim was a Child? What we do report is abuse. This is child sexual abuse. See the rape part is not what triggers the report. It is the abuse of someone with power and control over a weaker person that makes this reportable as abuse.
This sexual abuse does not need to be rape or intercourse. Depending on the laws of the jurisdiction all sorts of inappropriate sexual contact between an adult and a child might be reportable.
But the victim does not need to be a child to make this a reportable occurrence. If the victim is a senior citizen that is reportable in lots of places. Or if they are disabled, that abuse gets reported.
Financial abuse of the elderly, that gets reported most of the time. There are rules about when but remember it is the abuse, not the financial crime that is getting reported.
So while counselors do not report crimes, yes we do have a responsibility to protect those who can’t protect themselves by reporting abuse.
I am sure this will not be the last time a question about when a counselor will report something will turn up in the comments or my email.
The basic rule is – crimes – no report.
Abuse of a disabled person, senior citizen, or child – report.
A person intending to kill themselves or others – report.
At least that is the way things work here in California and most other places I know about. If in doubt consult a lawyer or ask your counselor about the way it works in your jurisdiction or situation.
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Staying connected with David Joel Miller
Seven David Joel Miller Books are available now!
My newest book is now available. It was my opportunity to try on a new genre. I’ve been working on this book for several years, but now seem like the right time to publish it.
Story Bureau is a thrilling Dystopian Post-Apocalyptic adventure in the Surviving the Apocalypse series.
Baldwin struggles to survive life in a post-apocalyptic world where the government controls everything.
As society collapses and his family gets plunged into poverty, Baldwin takes a job in the capital city, working for a government agency called the Story Bureau. He discovers the Story Bureau is not a benign news outlet but a sinister government plot to manipulate society.
Bumps on the Road of Life. Whether you struggle with anxiety, depression, low motivation, or addiction, you can recover. Bumps on the Road of Life is the story of how people get off track and how to get your life out of the ditch.
Dark Family Secrets: Doris wants to get her life back, but small-town prejudice could shatter her dreams.
Casino Robbery Arthur Mitchell escapes the trauma of watching his girlfriend die. But the killers know he’s a witness and want him dead.
Planned Accidents The second Arthur Mitchell and Plutus mystery.
Letters from the Dead: The third in the Arthur Mitchell mystery series.
What would you do if you found a letter to a detective describing a crime and you knew the writer and detective were dead, and you could be next?
Sasquatch. Three things about us, you should know. One, we have seen the past. Two, we’re trapped there. Three, I don’t know if we’ll ever get back to our own time.
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