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Mental health professionals protest deposition
of counselors
(March 2003 Issue)

By Lisa Wesel

Mental health professionals nationwide are protesting the deposition of counselors whose clients are suing Catholic priests for sexual abuse. More than 80 professionals signed a Jan. 20 letter to Boston Bishop Richard G. Lennon, urging him to reconsider the practice because they say it re-traumatizes the victims, traumatizes the therapists and destroys the safety - and therefore the efficacy - of the therapist-patient relationship.

The letter was written by Mary Gail Frawley-O'Dea, Ph.D., executive director of the Trauma Treatment Center at the Manhattan Institute for Psychoanalysis. Frawley-O'Dea was the only mental health expert invited to address the Semiannual Meeting of the U.S. Conference of Catholic Bishops in Dallas in June, when they confronted the issue of priest sexual abuse by urging victims to come forward.

"The Church has invited victims to come to them for healing and assistance, to speak up and not be afraid," says Thom Harrigan, LICSW, co-director of Next Step Counseling and Training in Jamaica Plain, Mass. "To then turn around and use those results against (the victims) is a disturbing ethical choice. The letter was intended to be a proactive request to consider deeply what they are offering and what they are doing, and to see the disconnect between the two."

Bishop Lennon has not responded to the letter. Donna Morrissey, a spokeswoman for the Roman Catholic Archdiocese of Boston, says he may not have read it yet, though it had been sent weeks earlier and published in The Boston Globe.

Morrissey distanced the Church from the depositions, saying attorneys representing individual priests or bishops, not the Church itself, took the depositions. She says the Archdiocese's attorneys had not deposed any therapists to date, but the Church would not rule out the possibility.

"The Church wants very much to settle these cases," Morrissey says. "I don't know what will happen if the cases go to trial. Our attorneys reserve the right to defend their client, the Church. They are obligated to do so."

That argument does not sway Karen W. Saakvitne, Ph.D., clinical director of the Traumatic Stress Institutes in South Windsor, Conn. and Northampton, Mass. Accord-ing to Saakvitne, the appropriate response from the Church would be to hire independent forensic psychologists to evaluate patients who are suing, rather than violating the sanctity of their ongoing therapy.

"The message (from the Church) is that if you pursue this lawsuit, you no longer have the safety of psychotherapy," Saakvitne says. "In no other realm would they say, 'We're going to block your medical treatment if you pursue the suit.' It's an untenable bargain."

"People have dropped out of therapy because of this," says Frawley-O'Dea, "It's unspeakable."

"The ramifications are obviously huge for several reasons," says Marcie Mitler, M.Ed., a Cambridge, Mass. psychotherapist specializing in sexual abuse. "It takes survivors a very long time to talk to anyone about what happened to them. When their abuser is a priest, it takes longer.

"For us it's huge, too," Mitler says. "I'm an excellent therapist, but my degree isn't impressive, and I haven't written any books. Everything I say would be questioned." Some therapists will not treat a client if they know a court case is imminent, Mitler says. Others try to address the issue at the outset. "Many of us say to clients that there are limits to confidentiality - if they are homicidal, suicidal or committing child abuse - and, if we think of it, we mention litigation," says Ellis Waingrow, MSW, LICSW, of Newton, Mass. "It behooves all of us in the field to be more upfront about this issue, but we're more interested in the healing stuff."

Some therapists also take minimal notes of sessions to lessen the paper trail.

"It's a complex issue," Waingrow says. "It's nice to have a fair amount of information available to you, but the risk to the client is more important than the help I would get from detailed notes."

Saakvitne recommends that clinical psychologists accept their own limitations as witnesses in a legal case."A lot of people have not been as thoughtful as I believe they should be, even in my own profession," Saakvitne says. "I don't think we've always recognized the specialty of forensic work. We are not taught the difference between forensic and clinical work in graduate schools. There's a naïveté about it."