Can I be forced to prosecute/name my sexual abusers?

prioriincantem

I had an appointment in a psychiatric ward today to discuss my mental health, and something that I struggle with a lot is coping with my history of sexual assaults.

I had never told anyone out loud before about it, and I broke down and told the Professor about it today, and she said that legally she has to report the incidents because any information I give to her, if it is felt that either myself or anyone else could be in danger, she's legally obligated to pass the information over to authorities.

I didn't tell her the names, she said that I should get a phone call in the next few weeks asking me about it.

I don't know what to do. One of the men is in jail currently for the rape of a 13 year old. While it breaks my heart to know that I wasn't the last person that he hurt, I'm also terrified to speak up, because i know that the girl that rightfully went to the authorities has gotten hopped on a load because of it and got bet really badly with a knuckle duster.

i'm already constantly paranoid and afraid that I might see them as I live locally to them both. I don't want to endanger myself.

What can I do? If I refuse to name them or decline to talk about it will they call me again?

Penny Tration

I don't honestly know if you can be forced to be prosecute, but if the doctor feels that children may be in danger from these people then they do have a legal obligation to report it.

If it gets to a stage where you feel you have to prosecute, there are many victim support resources available, and protection orders and such.

I think it may be worth speaking to a solicitor to find out where you stand legally. I'm not sure how police can prosecute with the victim refusing to give evidence, but know little about the law.

I do know, however, that when I reported a rape to the police, which happened when I was a minor (that's the pertinent part with regards to your situation, because of child protection laws), I changed my mind and refused to sign a full statement out of fear, and nothing came of it. I got two phone calls from specialist officers which I didn't answer, and was left alone after.

Midnight Sundance

prioriincantem wrote: »

I had an appointment in a psychiatric ward today to discuss my mental health, and something that I struggle with a lot is coping with my history of sexual assaults.

I had never told anyone out loud before about it, and I broke down and told the Professor about it today, and she said that legally she has to report the incidents because any information I give to her, if it is felt that either myself or anyone else could be in danger, she's legally obligated to pass the information over to authorities.

I didn't tell her the names, she said that I should get a phone call in the next few weeks asking me about it.

I don't know what to do. One of the men is in jail currently for the rape of a 13 year old. While it breaks my heart to know that I wasn't the last person that he hurt, I'm also terrified to speak up, because i know that the girl that rightfully went to the authorities has gotten hopped on a load because of it and got bet really badly with a knuckle duster.

i'm already constantly paranoid and afraid that I might see them as I live locally to them both. I don't want to endanger myself.

What can I do? If I refuse to name them or decline to talk about it will they call me again?

I'm very sorry to hear about your terrible past. You are a strong , brave person to have moved on from it.
I can't offer much advice other than maybe contact a rape crisis centre and they can perhaps help you deal with whatever path you choose.
If you do decide to prosecute they will support you and I'm sure they will support your decision not to.,
I hope it all works out for you and I'll keep you in my thoughts and prayers.

clairefontaine

No. They cannot force you.

I did not go through with prosecution or even take it to the cops because I did not and still do not feel I have enough evidence and I could end up being sued for libel or even sued for legal charges if the person was cleared.

I also do not trust the competencies of the guards to offer protection, but that is very much a personal decision.

Tramps Like Us

Yes you can refuse to say anything. But remember that in Ireland YOU don't prosecute someone, the DPP does so on behalf of the public. Basically what happens is the cops put together a file with interviews etc and give it to the DPP who decide whether to prosecute or not.

Even if the victim says they don't want a prosecution and refuses to cooperate a prosecution can still happen - but this really depends on the facts of the case.

In your case if you refuse to be interviewed or say anything in the interview or name names then it is pretty much impossible for the DPP to prosecute someone as they don't know who to look at.

I was beaten up once and decided it would be more trouble than it was worth to cooperate with the gardai (they were serious thugs) even though I knew who did it, names, addresses etc. (The attack was witnessed and reported to the Gardai). Anyway they talked to me and I told them I didn't want to take it any further and just forget about it, they pressed me a bit to spill the beans but I just told them I had no idea who did it and just didn't say anything else. Nothing ever came from it because I didn't cooperate.

However I would encourage you to cooperate with the Gardaí and explain your fears considering the crime you were a victim of was far more serious - however if you don't want to that is perfectly ok.

While your counselor may be following the letter of the law I think he/she handled this very badly - but it is wrong to be too critical. You have taken a very important step in dealing with your trauma by talking out loud to a professional about it - without a doubt you should continue this very important process and not be put off.

Best of luck op

Merkin

I think you should contact the Rape Crisis Centre or One in Four who would be best placed to advise you on the legal implications of disclosure. I find it very odd that a psychiatrist would force the issue in any way, especially if pressing the matter was to cause you further distress.Mind yourself x

JuliusCaesar

There is an obligation on the part on anyone employed in the public health service to preserve a duty of care to anyone who might be vulnerable to abuse of any kind. In other words, your psychiatrist is obliged to report any information you give her to the Gardai if you identify the abusive individual.

On the other hand, the HSE employee also has a duty of care to the reporting individual, to protect them and not force them into a legal situation unwillingly and maybe at the expense of their mental well-being.

So normally what happens is that your treatment will be continued with the psychiatrist or whoever you are seeing from that MultiDisciplinary Team (MDT), and you will be referred to a nominated team member (usually a social worker) to discuss whether you want to disclose the identities of the abuser/s, and to support you in whatever you decide. You will be given the opportunity to look at reporting the abuse from all angles, allowed to decide for yourself what you want to do, and supported in that decision. The treating person will not generally be concerned with the specifics and will treat you as you are.

I hope you find this information useful.

Cyclepath

Your mental health professional, be it a counsellor, psychologist or psychiatrist is only obliged to inform the Gardai if there is a current child protection issue. Mandatory reporting is part of the Children First Legislation introduced in 2012. See here: http://www.hse.ie/eng/services/Publications/services/Children/WelfarePractice.pdf

As far as I'm aware, no other issue requires the intervention of your psychiatrist other than the indication of an intention to commit a serious crime.

Shivers26

You cannot be forced to prosecute if you do not want to. The police may come and talk to you but they can't force you to do anything. Without a victim, they have no case.

Please continue with your therapy though and be kind to yourself. You have obviously been through a tough time. Get as much support as you can.

donutheadhomer

Shivers26 wrote: »

You cannot be forced to prosecute if you do not want to. The police may come and talk to you but they can't force you to do anything. Without a victim, they have no case.

Please continue with your therapy though and be kind to yourself. You have obviously been through a tough time. Get as much support as you can.

not really true - the person who was raped is considered more of a witness than a victim - there may well be additional strong evidence to back up the DPP case and they can proceed to trial without the consent of the witness

........rare but possible

Balaclava1991

prioriincantem wrote: »

I had an appointment in a psychiatric ward today to discuss my mental health, and something that I struggle with a lot is coping with my history of sexual assaults.

I had never told anyone out loud before about it, and I broke down and told the Professor about it today, and she said that legally she has to report the incidents because any information I give to her, if it is felt that either myself or anyone else could be in danger, she's legally obligated to pass the information over to authorities.

I didn't tell her the names, she said that I should get a phone call in the next few weeks asking me about it.

I don't know what to do. One of the men is in jail currently for the rape of a 13 year old. While it breaks my heart to know that I wasn't the last person that he hurt, I'm also terrified to speak up, because i know that the girl that rightfully went to the authorities has gotten hopped on a load because of it and got bet really badly with a knuckle duster.

i'm already constantly paranoid and afraid that I might see them as I live locally to them both. I don't want to endanger myself.

What can I do? If I refuse to name them or decline to talk about it will they call me again?

If you want to have any chance of getting these scum banged up you should go to the Gardaí and tell them everything you know.

chinacup

prioriincantem wrote: »

I had an appointment in a psychiatric ward today to discuss my mental health, and something that I struggle with a lot is coping with my history of sexual assaults.

I had never told anyone out loud before about it, and I broke down and told the Professor about it today, and she said that legally she has to report the incidents because any information I give to her, if it is felt that either myself or anyone else could be in danger, she's legally obligated to pass the information over to authorities.

I didn't tell her the names, she said that I should get a phone call in the next few weeks asking me about it.

I don't know what to do. One of the men is in jail currently for the rape of a 13 year old. While it breaks my heart to know that I wasn't the last person that he hurt, I'm also terrified to speak up, because i know that the girl that rightfully went to the authorities has gotten hopped on a load because of it and got bet really badly with a knuckle duster.

i'm already constantly paranoid and afraid that I might see them as I live locally to them both. I don't want to endanger myself.

What can I do? If I refuse to name them or decline to talk about it will they call me again?

I'm going out on a whim here but saw your post and couldn't ignore it-
my aunty worked on rape + murder trials for over 10 years as a lawyer if you want to talk to ask any questions to her pm me and I can tell her of your situation. It might not be something you want but its the only help I can offer you. So sorry you had to go through something so horrible, whatever happens the main thing is that your ok and aren't put through any more unnecessary trauma because you were brave enough to open up.