QLD Breaching Bail - Psychologist Confidentiality Limits?

Discussion in 'Criminal Law Forum' started by LiamOnTheLam, 22 January 2018.

  1. LiamOnTheLam

    LiamOnTheLam Member

    22 January 2018
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    G'day, I'm in a pretty serious situation and could really use some guidance. A while back I was falsely charged with rape and indecent dealing of a young girl I was very close to (platonically). It seems this came about because she had a big (BIG) crush on me, and had told her friends that she had a boyfriend... Me. My wife and I were close with her parents and had minded her at our house on multiple occasions, and despite the fact that my wife was almost always present (popped out to the shops on a couple of occasions), my lawyer says we have very little chance of beating the charges since I can't prove I wasn't in the same room with her at some point (duh, I was - but clothes stayed on!!).

    I don't wish to go into too much detail about the case, for fear of identifying myself, but the list of things we're supposed to have engaged in is pretty extreme - almost as if she and her friends were looking at the front page of Pornhub and she said 'yep!' to 'have you tried that?' while they pointed to each category... Despite there being zero physical evidence to support the case - not for lack of trying, they turned our house upside down, analysing every sex toy and other various, errr, 'insertable' items from our house, pilfering through all our many thousands of personal computer files, and all of our other devices, and also examining our young friend.. Despite that they have come up with a big fat zero on all these fronts (funny how hard it is to find evidence for something which never happened, hmm!), my lawyer still says it's really grim, and I could easily go down for this heinous sh*t... To the tune of 8 years or so!?! The past 13 months of having this crap hanging over my head (and having to say G'day to the local coppers every week), and all the surrounding drama, has been bad enough - actually going to prison would probably break me, especially for something like this sick sh*t :|

    End of the day, I'm not interested in my life ending that way (I would not survive mentally that time, let alone physically and such), and my wife and I have separated (that was coming before this, the stress of this case just sped it up). I still love her and care about her, and also about the other family I still have (Dad, and two sisters with their own families), but I'm seriously considering pursuing a new identity and saying good riddance to all of this.

    I have a really good psychologist I've been seeing regularly through this whole process, but I'm hesittant to talk to her about these thoughts, as I know there are circumstances which call for mandatory reporting. I hold no ill will towards the complainant or her family, she just made a stupid mistake which has snowballed and burned my life, but she's a good kid, just in over her head - and her family did what I would've done if I thought someone messed with one of my nieces or nephews. If it is thus clear that I have no intention of harming anyone, is there any obligation for her to report me and break confidentiality, simply on the basis that she may have a reasonable belief that I will commit an offence by breaching my bail?

    Further, if I establish a new identity and then seek a psychologist in my new life, are -they- obligated to maintain confidentiality even if I disclose to them that I am not the person my ID says, and that it's for the purposes of avoiding this horrible, misguided prosecution? I have no mental health problems or conditions, and certainly none which make me a threat to myself or others, I was only seeing a shrink to help deal with the mental, emotional, social and financial stresses of these false charges.

    Thank you for any advice you can provide. I know, pretty heavy situation! But it's the hand I've been dealt.

  2. Car

    Car Active Member

    11 January 2018
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    How would you go about changing your identity? I thought it was nearly impossible to get away with that these days. Just because you've been charged by the police doesn't mean you'll be found guilty in court, especially without evidence. Going on the run is never a good idea and you'll probably be looking over your shoulder until you get caught which in this day and age would probably be sooner rather then later. Best option is to go to court, plead not guilty and hope justice prevails. I really don't know how they can get you on certain sexual assault charges with zero evidence and don't really no of a court that would find someone guilty without physical evidence. Good luck.
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