Confidentiality and Testimonial Privilege

Author(s):  
Robert Scott Johnson ◽  
Ronald Schouten

This chapter describes the complex medicolegal issues surrounding the rules of confidentiality and privilege and their multiple exceptions. It lays out the underpinnings of confidentiality, then addresses its various exceptions, such as waiver, duty to protect third parties, civil commitment, and mandated reporting of child abuse, elder abuse, and intimate-partner violence. Psychotherapist–patient privilege is discussed, first with regard to its origins and then with regard to its exceptions, including various forms of waiver. Practical examples illustrate these concepts for the reader to make it easier to understand these ubiquitous, but at times perplexing, concepts and to illustrate the nuances of various aspects of the law. Practitioners should note that there is considerable overlap between confidentiality and testimonial privilege, and the division of this chapter into two sections creates, in some ways, an artificial divide between two closely related concepts.

2020 ◽  
Author(s):  
Amy M Smith Slep ◽  
Richard E Heyman ◽  
Michael F Lorber ◽  
David J Linkh

Abstract Introduction We evaluated the effectiveness of New Orientation for Reducing Threats to Health from Secretive-problems That Affect Readiness (NORTH STAR), a community assessment, planning, and action framework to reduce the prevalence of suicidality, substance problems, intimate partner violence, and child abuse. Materials and Methods One-third of U.S. Air Force bases worldwide were randomly assigned to NORTH STAR (n = 12) or an assessment-and-feedback-only condition (n = 12). Two Air Force-wide, cross-sectional, anonymous, web-based surveys were conducted of randomly selected samples assessing risk/protective factors and outcomes. This study was reviewed and approved by the institutional review board at the investigators’ university and by the institutional review board at Fort Detrick. Results NORTH STAR, relative to control, bases experienced a 33% absolute risk reduction in hazardous drinking rates and cumulative risk, although, given the small number of bases, these effects were not statistically significant. Conclusions Given its relatively low cost, use of empirically supported light-touch interventions, and emphasis on sustainability with existing resources, NORTH STAR may be a useful system for prevention of a range of adult behavioral health problems that are difficult to impact.


2021 ◽  
pp. 107755952110316
Author(s):  
Bre’Anna L. Free ◽  
Alexandra J. Lipinski ◽  
Rivian K. Lewin ◽  
Rimsha Majeed ◽  
Rebecca J. Zakarian ◽  
...  

Patterns of exposure to intimate partner violence (IPV) and child abuse (CA) were explored in 467 women seeking psychological assistance following IPV. Using latent class analysis, three classes were obtained: women who had experienced physical, sexual, and psychological IPV, along with childhood physical and sexual abuse (IPV + CA; 38.5%); women who had experienced physical, sexual, and psychological IPV only (IPV/no CA; 52.9%); and women who had experienced psychological IPV only (Psych IPV only; 8.6%). Associations of class membership with severity of specific mental health conditions were examined, along with the number of diagnosed conditions. Significant between-class differences were noted on severity of IPV-related posttraumatic stress disorder, depressive disorders, alcohol and substance use disorders, and social phobia. Classes also differed significantly on the number of mental health conditions. Understanding patterns of betrayal-based trauma (e.g., IPV and CA) can inform care within agencies that serve IPV survivors by highlighting individuals at-risk for mental health conditions.


2019 ◽  
Author(s):  
Jane S. Sillman

Intimate-partner violence describes relationships characterized by intentional controlling or violent behavior by someone who is in an intimate relationship with the victim. The abuser’s controlling behavior may take many forms, including psychological abuse, physical abuse, sexual abuse, economic control, and social isolation. Abuse may ultimately lead to the death of the victim from homicide or suicide. Typically, an abusive relationship goes through cycles of violence. There are periods of calm, followed by increasing tension in the abuser, outbursts of violence, and return to periods of calm. These cycles often spiral toward increasing violence over time. The victims of intimate-partner violence are usually women, but intimate-partner violence is also a significant problem for gay couples and for the disabled and elderly of both sexes. This review discusses the epidemiology, diagnosis, treatment, outcomes, and prevention of intimate-partner violence. Risk factors for experiencing violence, risk factors for perpetrating violence, and consequences of abuse are also analyzed. This review contains 5 figures, 14 tables, and 30 references. Keywords: Domestic abuse, intimate-partner violence, elder abuse, child abuse, batterer, sexual abuse, physical abuse


2019 ◽  
pp. 088626051988468 ◽  
Author(s):  
Alesha Durfee ◽  
Leigh Goodmark

Most analyses of domestic violence and older adults focus on abuse by children and non-intimate caregivers. However, a significant percentage of elder abuse is perpetrated by an intimate partner. This article addresses a gap in the current literature on elder abuse by addressing how older survivors of intimate partner violence use the legal system as a tool to achieve safety by filing for a civil protection order. We critically examine 607 Arizona protection order filings in 2015, comparing those petitions filed by adults 50 and older ( n = 83) with those younger than 50 ( n = 524). We find significant differences in the forms of violence described in the protection order petition, as well as the types of relationships between the petitioner and respondent, the likelihood that an order will be issued, and the provisions requested and granted. Most importantly, gender is a critical component of our analysis—older petitioners are far more likely to be men than younger petitioners, and both petitions and outcomes are very different for older men than for older women. These results are then discussed in the context of the dynamics of older relationships, current firearm laws, and the barriers older adults face when attempting to use resources intended to help survivors achieve safety.


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