Rape victims' records vulnerable; Massachusetts prosecutors, therapists see a chilling effect

Article Abstract:

Two 1991 Massachusetts Supreme Court decisions, Commonwealth v Stockhammer and Commonwealth v Figueroa, give criminal defense attorneys the right to see the medical and psychiatric records of an alleged rape victim. The result, say therapists and lawyers, is that some alleged rape victims are seeking counseling but not pressing charges and that those who do both are being forced to make an important decision at an emotionally vulnerable time of their lives. Four other states have considered giving criminal defense lawyers this type of access and decided against it.

Laws, regulations and rules, Therapist-patient relations, Rape victims, Psychotherapist and patient

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When can therapists testify? Confidentiality at issue

Article Abstract:

The Massachusetts Supreme Judicial Court has in Commonwealth v. Bishop laid down strict procedures for access to rape victims' therapeutic records. Before the Aug 16, 1993 ruling Massachusetts defense counsel had relatively free access to these records, but they must now show evidence for a good-faith belief that the records contain relevant evidence. The judges also brought back in camera review of therapeutic records. Cases in other states where therapist confidentiality is one of the issues are discussed.

Confidential communications, Psychotherapists, Mental health counseling

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Health plan to have major legal impact; 'health courts,' a new agency, privacy protections are likely

Article Abstract:

Pres Bill Clinton's health care reform plan is sure to give health care lawyers a great deal of business. Since people's medical records will probably be converted into electronic form for easier portability of health care coverage anywhere in the country, privacy protections in the proposed Health Care Security Act will be especially important. Reform should also add two layers of adjudication, in the area of arbitration and administrative hearings, to be used before claimants seek remedies in court.

Analysis, Privacy, Right of, Right of privacy, Health care reform

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