<abstract xmlns="http://www.w3.org/1999/xhtml">

Over the past few years, the topic of sexual violence has repeatedly returned in social discussions. This is an issue that on one hand is shocking. On the other hand, however, this topic is associated with the emergence of interest, which causes the emergence of numerous dilemmas, questions and doubts. Analyzing the problem of sexual violence, very often (rightly) we focus on the victim. We wonder how we can give him/her advice, support and help. Securing the rights of victims is key here. The emergence of appropriate procedures is particularly important in a situation where there is information about a paedophilia crime.
The protection of children’s rights has recently been a key area of interest in Poland: media, journalists, social activists and scientists. Emerging information on the sexual exploitation of children by public trust professionals is a constant challenge that aims to increase the level of safety of the smallest citizens. In the contexts discussed here, information about the perpetrator of a sexual crime appears from time to time. Inevitably, we may encounter a question about the past of a person suspected of sexual violence. Sometimes, public opinion gets information according to which the person has undergone therapy or treatment.
This situation causes the inevitable conflict to arise in these situations. On the one hand, we have the priceless and especially well-placed child’s right to protection against violence. On the other hand, however, we can see the emerging problem of the protection of the secrecy of the therapeutic relationship, in which the participant was a person suspected of committing a paedophilia crime. This topic is of particular importance in the context of sexologists’ profession. From a legal and medical perspective, this is a special profession. Are its representatives obliged to maintain special confidentiality? Can they give up the principle of therapeutic confidentiality in certain situations? Perhaps there are situations in which they are legally obliged to the above exemptions. What should the scenario of the sexologist’s activities be like when ethical and legal norms collide?
The proposed article will attempt to answer these questions. This action will be based on a case study.
</abstract>

Over the past few years, the topic of sexual violence has repeatedly returned in social discussions. This is an issue that on one hand is shocking. On the other hand, however, this topic is associated with the emergence of interest, which causes the emergence of numerous dilemmas, questions and doubts. Analyzing the problem of sexual violence, very often (rightly) we focus on the victim. We wonder how we can give him/her advice, support and help. Securing the rights of victims is key here. The emergence of appropriate procedures is particularly important in a situation where there is information about a paedophilia crime.
The protection of children’s rights has recently been a key area of interest in Poland: media, journalists, social activists and scientists. Emerging information on the sexual exploitation of children by public trust professionals is a constant challenge that aims to increase the level of safety of the smallest citizens. In the contexts discussed here, information about the perpetrator of a sexual crime appears from time to time. Inevitably, we may encounter a question about the past of a person suspected of sexual violence. Sometimes, public opinion gets information according to which the person has undergone therapy or treatment.
This situation causes the inevitable conflict to arise in these situations. On the one hand, we have the priceless and especially well-placed child’s right to protection against violence. On the other hand, however, we can see the emerging problem of the protection of the secrecy of the therapeutic relationship, in which the participant was a person suspected of committing a paedophilia crime. This topic is of particular importance in the context of sexologists’ profession. From a legal and medical perspective, this is a special profession. Are its representatives obliged to maintain special confidentiality? Can they give up the principle of therapeutic confidentiality in certain situations? Perhaps there are situations in which they are legally obliged to the above exemptions. What should the scenario of the sexologist’s activities be like when ethical and legal norms collide?
The proposed article will attempt to answer these questions. This action will be based on a case study.

The Professional Secrets of a Sexologist from the Perspective of Ethical and Legal Dilemmas: A Case Study

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Over the past few years, the topic of sexual violence has repeatedly returned in social discussions. This is an issue that on one hand is shocking. On the...

The Professional Secrets of a Sexologist from the Perspective of Ethical and Legal Dilemmas: A Case Study

Published Online: Aug 19, 2021

Page range: 165 - 183

Received: Mar 15, 2020

Accepted: Jun 16, 2020

DOI: https://doi.org/10.15290/bsp.2020.25.02.08

Keywords
patient rights, sexologist, professional secrecy, paedophilia

© 2020 Błażej Kmieciak, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Professional Secrets of a Sexologist from the Perspective of Ethical and Legal Dilemmas: A Case Study

Published Online: Aug 19, 2021

Page range: 165 - 183

Received: Mar 15, 2020

Accepted: Jun 16, 2020

DOI: https://doi.org/10.15290/bsp.2020.25.02.08

Keywordspatient rights, sexologist, professional secrecy, paedophilia

© 2020 Błażej Kmieciak, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
patient rights, sexologist, professional secrecy, paedophilia