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  1. #1

    TN - 2 Counts of Child Rape Dismissed Because Man Confessed in Therapy

    Child rape charges dismissed
    MAY 12, 2010

    A Clarksville man charged with child rape had his charge dismissed in Judge John H. Gasaway’s court Tuesday.

    German Rafael Nopo, 40, had been charged with two counts of rape of a child. Assistant District Attorney Art Bieber dismissed the case Tuesday in court because, he said, Nopo has immunity for what he confesses to in therapy.

    According to an indictment handed down in the March 2010 term of grand jury, Nopo was accused of sexually molesting a girl younger than 13 in 2004 or 2005.

    http://www.theleafchronicle.com/arti...RIME/100512002

  2. #2
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    ??? I don't understand. Immunity for what he confesses to in therapy? If I commit a crime, am I protected from all charges provided I confess it in therapy before the police gets to me? Or does it just mean that there was no other evidence and his therapy confession wasn't enough to justify a sentence?

  3. #3
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    What the H3LL?? This guy has a prior, too!

    http://www.ticic.state.tn.us/SEX_ofn...?var1=00426379

    I don't understand, isn't a psychiatrist a mandatory reporter as a medical professional?

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    Quote Originally Posted by Donjeta View Post
    ??? I don't understand. Immunity for what he confesses to in therapy? If I commit a crime, am I protected from all charges provided I confess it in therapy before the police gets to me? Or does it just mean that there was no other evidence and his therapy confession wasn't enough to justify a sentence?
    It means the statements he made in therapy cannot be used as evidence against him. And either don't have enough evidence without it, or the evidence found because of his statements are considered fruit of the poisonous tree and thrown out as well.

    Not that any of that will make his next rape victim feel any better.

  5. #5
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    Quote Originally Posted by reen View Post
    What the H3LL?? This guy has a prior, too!

    http://www.ticic.state.tn.us/SEX_ofn...?var1=00426379

    I don't understand, isn't a psychiatrist a mandatory reporter as a medical professional?
    Not of crimes that have been committed.

    They are required to report a crime that is being planned and is going to occur.

  6. #6
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    Quote Originally Posted by impatientredhead View Post
    Not of crimes that have been committed.

    They are required to report a crime that is being planned and is going to occur.
    Not doubting you but I thought if a child reported that they had been abused to like a doctor or teacher it had to be reported to LE. That is about an act that has already been committed.

  7. #7
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    Quote Originally Posted by DairyGirl View Post
    Not doubting you but I thought if a child reported that they had been abused to like a doctor or teacher it had to be reported to LE. That is about an act that has already been committed.
    The client in your situation is the victim not the criminal, totally different scenario than turning your client into the police for an act that has already been committed.

    And teachers and doctors have a different than a psychiatrist/mental health professional that has a confidentiality clause with their client.
    Last edited by impatientredhead; 05-13-2010 at 12:53 AM.

  8. #8
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    Quote Originally Posted by impatientredhead View Post
    The client in your situation is the victim not the criminal, totally different scenario than turning your client into the police for an act that has already been committed.

    And teachers and doctors have a different than a psychiatrist/mental health professional that has a confidentiality clause with their client.
    I am not currently practicing, but I swear when I was in school we were told that in a court case we could be ordered to turn over notes and disclose information. The confidentiality agreement between a therapist and client is not the same as that of an attorney and client, it is not privileged communication. But, it has been a while, so I could be wrong. It could also be different depending on the degree of the therapist and the state, I'm not sure.
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    Quote Originally Posted by Lyn1001 View Post
    I am not currently practicing, but I swear when I was in school we were told that in a court case we could be ordered to turn over notes and disclose information. The confidentiality agreement between a therapist and client is not the same as that of an attorney and client, it is not privileged communication. But, it has been a while, so I could be wrong. It could also be different depending on the degree of the therapist and the state, I'm not sure.
    Your records can be court ordered to be released in some cases. For example the Menedez brothers claimed they killed their parents due to the abuse they had suffered at the hands of their parents. Using a mental defense opened their records. The therapist could encourage them to tell the police but she could not release their records until a court order is issued to release them.

    Your therapist cannot contact the authorities to discuss what you have told them if it is not to protect someone.

    Another example would be as I tell my therapist my stepfather raped me (but I don't live there any longer and I am no longer in physical danger), she has been informed a crime has been committed, she cannot contact the police with that info. And if she could it would keep most people out of therapy.

    If I tell her he raped me and my sister who still lives at home has now told me he is raping her (currently), she would have to report that info.

    My father goes to therapy and admits he raped me when I was twelve (but I don't live their any longer) that is not reportable. If he goes to therapy and says he is obsessed with the idea and is or is going to molest the 12 year old in the house, that is reportable.

    I robbed a bank and killed someone, not reportable.
    I am going to rob a bank, reportable.

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    If the confession to his therapist is the ONLY evidence against him it may mean a walk for this freak. makes me mad.

    A therapist can divulge what they learn in their sessions if they feel their client is an imminent danger to others or the crime is ongoing, particularly since the victim is a child. The article doesn't say if the therapist is the one who called LE attention to the rape after client's confession, but I have to assume that is what happened here. Otherwise there would be some other evidence, etc. and not just this therapists knowledge on which the case was built.

    Unfortunately, even though the therapist is a mandated reporter if he thinks abuse is happening, it doesn't mean a judge can't throw the confession out. And then any evidence that LE came upon as a resut of the therapists tip is considered "fruit of the poisoned tree".

    In other words it wouldn't have been found but for the therapists intervention and therefore it is also disallowed.

    Don't agree with it, but its how things work. That article was so brief. Wish I had more detail on what reason the judge gave when making his ruling.
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  11. #11
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    Does it change if the confession was in group therapy?

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    There is still an expectation of privacy but when you are in group, there are other individuals (patients) present who are not bound by doctor patient priviledge so I think that may change things. Not a lawyer, just work for em.
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  13. #13
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    Is this then a loophole for criminals? Confess to everything in therapy and you can't be charged?

    Even if they have evidence, if you've confessed to the crime and talk about that evidence (for example, using a victim's scarf to strangle her) then it's out?

    Or am I over-thinking this?

  14. #14
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    Over thinking, only a little.

    If it can be reasonably assumed that the evidence would have come to light, regardless of the therapist, then it can be used.

    If the only reason police suspected you was the therapist, and no one else is aware of the crime but you, he, and the victim, then yes, that loophole just got you off for the crime you confessed to your therapist.

    The only good that came out of this fiasco that I can see, is that regardless of whether the POS got punished, at least now that the rape has come out, if it was ongoing, it won't be anymore. Victim was identified and is now safe at least from him. Also, given how this POS just skated this time, you can betcher bippy LE will be keeping an eye on him.

    I'll bet local LE has a bit of a hard on for him after all this.
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  15. #15
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    How did this get out then? If it illegal to disclose this information, how do WE have it? Did the therapist disclose this? I'm confused.

    Did the pedo go to LE and confess? ????? How do we know this?

    Oh, I'll just bet LE is looking at him for a number of things now......at least I hope so.
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