Should psychotherapists be required to report patients who look at child porn?
For years, California law required psychotherapists to report any patient who admitted developing, duplicating, printing or exchanging material depicting an obscene act involving a child.
The amendment requires therapists to tell police of patients who have admitted streaming or downloading sexually explicit material involving minors.That means that the crime of looking at child porn online must be reported. Failure to report may result in a criminal fine against the therapist and revocation of his or her license.
Don L. Mathews, one of the psychotherapists challenging the law, said he now must inform new patients that they will have to speak in code if their problem involves pornography and minors.“Say, ‘I have been looking at pictures that disturb me and I want to work on it,’ ” Mathews said he tells them.
She compared them to people who play violent video games but lack a propensity for violence in real life.in the case, said the state law is based on misconceptions. Therapy may not be able to change a person’s sexual interest in minors, Ellman said, but it can help someone control impulses and avoid criminal acts.
During a California Supreme Court hearing in October, Chief Justice Tani Cantil-Sakauye said that technically the Child Abuse and Neglect Reporting Act has not changed. Downloading something on the internet is making copy of it, which had been grounds for reporting before.
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