1. Should the Professional Rape Counselor be forced to hand over patient files?
Without the direct authority of the patient files should never be turned over without their permission. I would imagine if it were me, I saw the counselor in complete confidence without the threat of anyone else ever knowing aside from parents/siblings. It is the choice of the patient to say what they want to say and for it to be kept in confidence with the person they were telling their story to. When suddenly that is violated and your counselor is summoned to fork over files where your discussions are residing it is the most blatant violation of trust. Without the direct approval of the patient there should be NO
reason why files are handed over to anyone else.
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
One could argue either way. However I see the side that says it was your story to tell and no one else is entitled to know it except your therapist. But I also see that the military is a separate body with its own laws of command, law and trial, etc. Overall I would have to say that the laws do need updating. People join the military to serve their country, not to have their personal space and privacy violated.
3. If you were the therapist what would you do?
Consult my patient and conform to their wishes on whether or not to divulge any information to others. If I could not consult my patient I would assume a default mode and deny the right of anyone else to have the files unless they held me at gun point (privacy of others is huge in my book