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Professional Issues

The Fifth Amendment and Therapeutic Requirements to Admit Abuse

State University of New York at Buffalo

ERIC DOHERTY

State University of New York at Buffalo

In several recent court cases, parents of children alleged to have been abused were ordered to undergo treatment or evaluation with a therapist who required that they admit to the abuse before therapy could be concluded successfully. The parents claimed that the requirement violated Fifth Amendment rights against self-incrimination. These claims were accepted by courts, but in very limited ways. Therapists should be aware that often an admission of child abuse cannot be kept confidential. The admission may result in loss of custody, loss of parental rights or criminal prosecution. Accordingly, therapists should be aware of the liabilities that such an admission may create for a client. Courts may draw a fine legal line between effective therapy and unconstitutionally coerced admissions. To encourage full participation in court-ordered treatment, states should consider offering immunity from prosecution for admissions of past abuse made during that treatment.

Criminal Justice and Behavior, Vol. 18, No. 1, 98-112 (1991)
DOI: 10.1177/0093854891018001008


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