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Information for Victims and Victim Advocates on Sexual Exploitation by
Counselors and Therapists
Consider the Options
 If
I talk about this abuse, no one will believe me. Even if they believe me, they will
never understand why I let this happen. Maybe they won't think it's any big deal...
maybe they'll just think I was asking for it. Who's going to support the client
instead of the therapist?
You have options in what action you can
take, and you have choice in how much you want to do. No one option is better than
another. You may choose one or a combination of several. You may choose to do
nothing. Most people find it helpful, however, to share the experience with a
trusted friend.
Ask yourself what you would like to achieve through taking action.
You may want to regain a sense of control over your life and to communicate that the
sexual exploitation was not okay. You may be concerned that the counselor who
exploited you will hurt other clients and you want to take away that choice. You may
be seeking compensation for the damage done - the money that you paid to the counselor or
money for future therapy. Whatever your goal, consider what option (or options) will
best suit the goal and let you put your life back in order.
Take some time to review the Wheel of Options.. The choices are
explained more fully on the paragraphs following. Just considering the choices may
make you feel uncertain and confused. Be patient with yourself.
Notify agency director, supervisor, or church
hierarchy
If your counselor works in an agency, clinic, hospital or church, there is
a person who is responsible for the overall operation or who directly supervises your
counselor. A complaint may be made directly to that person. An advantage to
this option is that it can bring fast action and may result in any number of consequences
for the offending counselor. A disadvantage is the possibility of not being believed
by the supervisor or finding the supervisor unwilling to take action. [ back ]
Important: All of this section's
information depends on the state in which you live!
Depending on your state's laws, sexual
exploitation by counselors may be a criminal offense. Check the applicable laws in your state. In states where this has been
criminalized under sexual assault laws, it is a criminal offense for counselors to engage
in sexual activity with clients. If found guilty, the offender may be sentenced to
prison and/or required to pay a fine to the state. It makes no difference if the
client consented to any of the sexual conduct; the therapist is responsible.
Two types of sexual activity are defined. Sexual penetration is any
type of intrusion into the body of the victim - sexual intercourse, oral sex, anal sex or
penetration with an object. Sexual contact is: 1) touching by the offender of the
victim's intimate parts (breasts, groin, genitals, buttocks); 2) forcing the victim
to touch the offender's intimate parts; and 3) in both circumstances, touching of
the clothing covering the immediate area of the intimate parts.
Criminal laws cover when there is a counselor/client relationship and the
sexual act occurred during a therapy session; when there is a current or former
counselor-client relationship and the client or former client is emotionally dependent on
the counselor; or when there is a current or former counselor-client relationship and the
sexual act occurred by means of therapeutic deception (meaning that the counselor acted as
if it was a part of the client's treatment).
In prosecuting these cases, evidence of the victim's personal or medical
history is not admissible unless the court finds, at a pretrial hearing, that it is
relevant. The judge must specify what information will be allowed into the
courtroom.
An advantage to this option is that it takes some of the responsibility
off of the victim of sexual exploitation. It is considered a crime against the
state. What needs to be proven is only that the activity took place, not how much
damage was done. Prosecutors from a county attorney's office are responsible for the
case. No money comes from the victim's pocket. Also, in some county attorney's
offices, there are legal advocates who help support the victim through the procedure.
One disadvantage is that it is up to the county attorney's office whether
to prosecute a case that has been reported and investigated. The case can be turned
down for any number of reasons that may be out of the immediate control of the victim of
sexual exploitation. It may also feel like a very impersonal system and may take
time to get to court.
Not only will you need to find out what the laws are in your state, but
you must also find out the statute of limitations (the maximum time period after the crime
in which charges may be filed). In some states, this is three years. [ back ]
(Note: This section was added. It was not in the
original "It's Never OK" publication.)
In states where sexual exploitation has been criminalized, there may be a
Crime Victim's Compensation Fund which can provide funds to assist crime victims in
getting professional help in their recovery. [ back ]
Important: All of this section's
information depends on the state in which you live!
Depending on your state's laws, there may be
civil statutes which permit a client to sue an abusing mental health service provider
and/or the mental health service provider's employer. Check the applicable laws in your state and consult a lawyer. In states where
these statutes exist, a client may sue a therapist who has participated in any form of
sexual intercourse or contact to the breasts or genitals or who has requested such
activity with the client. It does not matter who initiated the activity or if the
client consented or actively participated. These laws apply to the entire
time that the individual was a client. It does not matter whether the exploitation
occurred inside or outside of the office or during or outside of a regularly scheduled
appointment.
During the two years following termination of therapy, laws often still
apply, if the former client has been deceived by the counselor or is still emotionally
dependent on the counselor.
The injured client may also sue the employer of the counselor for damages
if: 1) the employer failed to take action when they knew or had reason to know that
the counselor was engaging in sexual activity with any client; 2) during the hiring
process the employer failed to ask previous employers of the counselor about his or her
past sexual conduct with clients; or 3) the employer failed to pass on such
information to subsequent employers who asked for it.
Not only will you need to find out what the laws are in your state, but
you must also find out the statute of limitations. In some states, this is five
years.
An advantage of this option is the possibility of monetary compensation
for the damage done. Depending on whether it is the counselor or the employer (or
both) being sued, it also forces them to take some responsibility for the exploitation.
One disadvantage is that, because it is a civil procedure, the victim of
sexual exploitation must hire the attorney. Some attorneys will take cases like this
on contingency basis (meaning that if the case is won, the attorney will simply take a
percentage of the money); many will not. It may also take a long time for
resolution to take place within the court system. Once the suit is filed, you need
to be aware of the possibility of some public exposure that may occur. If you are
thinking about a civil suit, get legal advice before taking advantage of any of the other
options. [ back ]
Many mental health clinics are licensed by the state or county. This
includes outpatient mental health clinics, residential treatment facilities and licensed
chemical dependency programs. If you were receiving services from a counselor who
works in a licensed facility, a complaint could affect future licensing, operation and/or
funding for the agency. An advantage of this option is that it makes the agency
responsible for the activity of its employees. A disadvantage is that it gives the
victim of sexual exploitation little control in terms of timing and outcome. [ back ]
Important: Check for the specific policies
that apply within your state.
States protect adults who, because of physical or mental disability or
dependency on institutional services, are particularly vulnerable to abuse or neglect and
they attempt to provide a safe environment for them. Therefore, if someone is
receiving certain types of services, he/she may be classified as a "vulnerable
adult." This means any person over 18 who:
is a resident or inpatient of a facility;
receives services at or from a facility required to be licensed;
receives services from certain types of home health care agencies; or
is unable or unlikely to report abuse or neglect without assistance
because of impairment of mental or physical function or emotional status.
Within each county, there is an adult protection services that is charged
with investigation of reports and providing protective and counseling services in
appropriate cases. An advantage of this option is that these people have experience
in investigation of complaints. It may be a disadvantage to be classified as a
"vulnerable adult." [ back ]
Often, for clients who have been sexually exploited by their counselors,
the original problem or concern that brought them into therapy was never resolved.
It may also be necessary to be able to find a supportive atmosphere in which to process
the experience of sexual exploitation. Counseling with an ethical professional can
be useful in resolving both the exploitation and the original issue. This can be
done either in individual or group therapy.
There are currently several groups which are set up specifically for
people who have been sexually exploited by their counselors. The can be an
invaluable source of support and healing. [ back ]
Many counselors belong to a professional
association, all of which have ethical guidelines.
Within those guidelines, sexual contact between counselors and clients is clearly
unethical. You may make a formal complaint to the ethics committee of a professional
association. The contact person and filing process are different for each
professional association. After an investigation is conducted, if the allegation is
found to be true, the counselor can be removed from membership.
An advantage of this option is that it alerts the counselor's peers to
what is occurring. Professionals have an investment in keeping their profession as
"clean" as possible. A disadvantage is that because membership in a
professional association is not required of counselors, counselors may continue working
without restriction, even if they have been excluded from the association. One way
to locate a professional association/organization is to consult the licensing or
registration board for the specific occupation. [ back
]
You may choose to confront your counselor alone by writing a letter or
calling. This would give you the opportunity to let the counselor know that what
happened was not okay and to express your feelings. The advantage to this is that it
is quick and private. One disadvantage is that it may alert your counselor to other
actions you may take (such as a complaint to a supervisor) and give the counselor time to
plan a response. Also, you may not get the response you want, whether it is an
apology or even an acknowledgement of what occurred. This may leave you feeling
isolated and unsafe. [ back ]
This option gives the victim of sexual exploitation the opportunity to
directly tell the counselor that the sexual exploitation was not okay and what the effects
were. Ideally, confrontation should be done with a third party whose role it is to
help and support the victim through the session. Sometimes, the counselor's
supervisor will also be included. Prior to an actual confrontation, the client and
the support person would discuss what the client might gain from the confrontation and how
the session will be structured. The advocate is also there if difficulties should
arise and to process the session with the client afterwards.
An advantage to this option is that it gives you the opportunity to tell
the counselor, in a controlled situation, how you feel. This can provide a great
feeling of relief and empowerment. A disadvantage is that expectations may not be
met, resulting in disappointment. Another possible disadvantage is the danger in
confronting the offending counselor alone; have a support person there. [ back ]
When a professional is licensed, a complaint to the proper licensing body
can result in the loss of the right to practice within the state. Currently, there
are licensing boards for psychiatrists (and other physicians), nurses, and psychologists,
and other professionals. An advantage of a licensure complaint is the possibility of
either loss of license or at least much closer supervision of the offending practitioner.
It also alerts the counselor's peers and employer. A disadvantage is that the
sanctions imposed on the counselor may not be as strong as you would like. The
hearing procedure may also feel very intimidating. [ back
]
Some people feel that they don't want or aren't able to take any specific
action. Reading this resource is a first step. It is alright for you to choose
to do nothing more about the experience right now. You also have a right to change
your mind and take action later. [ back ]
Copyright © 1988 Minnesota Coalition Against Sexual Assault,
with edits by AdvocateWeb.
[ Intro ] [ Introduction ] [ Definitions of Sexual Exploitation ] [ Warning Signs ] [ If it is You ] [ Questions You May Be Asking ] [ Counselors Who Exploit ] [ Consider the Options ] [ You Don't Have to Do This Alone ] [ For Concerned Persons ] [ Choosing a Counselor ] [ Client's Bill of Rights ]
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Exploitation
