FIT TO DIVE

Being involved in a traumatic scuba diving incident can impact your physical and psychological health, as well as your future diving.  As a scuba diver, you might be considering therapy.  If legal proceedings, for example criminal or civil (e.g. personal injury) are potentially on the horizon, it's essential to understand the implications of pre-trial therapy. This guide aims to shed light on key aspects like confidentiality, therapy decisions, and the specific therapy technique of Eye Movement Desensitization and Reprocessing (EMDR).

Confidentiality and its Limits

The cornerstone of therapeutic relationships, confidentiality, means that your therapist cannot disclose the information you share during sessions. However, there are exceptions relating to pre-trial therapy that you should be aware of.

• Therapist's Notes: What They Are and Their Legal Implications: Your therapist will keep notes about your sessions, typically covering what was discussed, their observations, and treatment plans. These notes can be requested by police, or a judge in legal proceedings. Although there are guidelines and protections that allow some details to be kept confidential, under some circumstances, your therapist may be legally required to provide their records. 

• Understanding Confidentiality: The Rules and Exceptions: Confidentiality is not absolute. In situations involving risk of harm to self or others, for example intent for suicide or disclosures of child abuse, therapists are legally required to break confidentiality. In legal cases, the court might require disclosure of your therapy records, depending on the jurisdiction and circumstances.

Understanding the Therapeutic Relationship and Legal Proceedings

There are potential interactions between your therapy and legal proceedings.

• The Role of Your Therapist in Legal Situations: Your therapist might be called upon to share professional observations in your legal situation. They might provide a report or serve as an expert witness, following the bounds of confidentiality and your consent.
• Your Relationship with Your Therapist: The therapeutic relationship can influence your legal situation indirectly. The information and insights you share in therapy could be relevant in legal narratives. 

Informed Decisions About Therapy

Therapy can be a significant step towards healing and recovery. However, it's essential to make informed decisions about your therapeutic journey.

• Making Your Therapy Decision: Factors to Consider: Choosing to attend therapy is deeply personal. You need to evaluate your emotional needs, the potential impact on ongoing legal proceedings. Consulting with a legal advisor before starting therapy can provide valuable insight into these considerations.

• Timing Your Therapy: When is the Right Time to Begin?: Timing is a key factor. Starting therapy soon after an incident could affect your recollection of events, potentially impacting a legal case. You may want to consult with your lawyer and therapist in relation to the timing of legal proceedings.  However, be aware that the advice is that legal proceedings should not prevent people from receiving therapy.

Eye Movement Desensitization and Reprocessing (EMDR) and other Re-processing Therapies

EMDR and other re-processing therapies can be beneficial for trauma recovery. However, there are certain aspects you should know before considering these techniques.

• The Basics of EMDR and Re-processing Therapies: What You Need to Know: EMDR is a type of therapy designed to help individuals process traumatic experiences. However, there's a possibility that  re-processing techniques could alter memories, which could have implications in a legal context where accurate recall of events is essential.  There are other forms of EMDR that focus on reducing distress immediately after the event, and do not aim to re-process the memory.  If you are concerned about this, discuss the issue with your therapist.

• Documentation Before Therapy: The Importance of Writing and Witnessing: Given the potential for memory alterations with any therapy, and especially EMDR, it's advisable to write down your account of the incident and have it witnessed before therapy begins. This written record can serve as a point of reference and help ensure the integrity of your memories in case of legal proceedings.

Therapy can be a powerful tool in the aftermath of a traumatic incident. As a scuba diver, understanding the implications of pre-trial therapy can help you make informed decisions that support your well-being and uphold your interests in potential legal contexts. Consult with legal professionals and your therapist when considering therapy in pre-trial contexts.