 Sexual
Exploitation
Litigation Issues
Sexual exploitation of the professional-client relationship is
universally regarded as highly unethical and in some states it is a criminal offense.
Depending on the state in which you live, specific statutes have been enacted to
deter this form of abuse. The laws vary widely from state to state, and it is
important that you seek professional legal counsel if you have been a victim of such
abuse.
Sexual contact with a client is a violation of the professional's "fiduciary"
duty to that client. In a fiduciary relationship, a client is placing confidence,
trust, faith, and reliance in another whose professional knowledge, assistance, advice or
protection is sought. In pursuing litigation, various aspects of statutory and case
law may apply. In a sexual exploitation case, there may be numerous
legal causes of action including:
- Sexual
Exploitation/Assault Statutes
- Negligent
Breach of Fiduciary Duty
- Malpractice
- Negligent
Infliction of Emotional Distress
- Battery
- Intentional
Infliction of Emotional Distress
- Fraudulent
Misrepresentation
- Breach of
Contract / Breach of Warranty
- Spouses
may also assert a separate and independent claim for damages:
- Many
of the same listed above, plus:
- Loss of
consortium
- Alienation
of affection
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Of course, not all sexual exploitation survivors pursue litigation. This decision
should be weighed carefully. Unfortunately, the legal system can, in some
circumstances cause the victim to feel even more victimized, but that is not true in all
cases. Many options are available, such as
filing a complaint with licensing boards, etc. The choice is up to the
individual. The important thing to do is make an informed choice.
Seek the advice of a lawyer, and also note there are good books and articles providing
legal information on this topic.
Books
- Breach
of Trust: Sexual Exploitation by Health Care Professionals and Clergy
John C. Gonsiorek, Editor
- Chapter 20, Sexual Contact in Fiduciary Relationships: Legal Perspectives
Linda Mabus Jorgenson
- Chapter 21, Employer/Supervisor Liability and Risk Management
Linda Mabus Jorgenson
- Chapter 22, Employer/Supervisor Liability and Risk Management: An Administrator's View
Gary Richard Schoener
- Chapter 23, The Effects of Criminalization of Sexual Misconduct of Therapists: Report of
a Survey in Wisconsin
Andrew W. Kane
- Chapter 24, Criminalization of Therapist Sexual Misconduct in Colorado: An
Overview and Opinion
Melissa Roberts-Henry
- Chapter 25, How Churches Respond to the Victims and Offenders of Clergy Sexual
Misconduct
Margo E. Maris and Kevin M. Mcdonough
- Betrayal
of Trust: Sex & Power in Professional Relationships
Joel William Friedman, Marcia Mobilia Boumil
- Chapter 5, Filing a Complaint Against Your Therapist: The Mental Health Paradigm
Revisited
- Chapter 6, Bringing Your Therapist to Court: The Costs and Benefits of Private Lawsuits
- Chapter 7, Legal Recourse for Sexual Exploitation by Other Professionals: The Emerging
Law
- Sex
in the Therapy Hour: A Case of Professional Incest
Carolyn M. Bates, Annette M. Brodsky
- Chapter 4, The Labyrinth of Civil Litigation: Where are We Going, and When Will We Get
There?
- Chapter 5, The Ambivalence of Reporting One's Therapist: Is This What I Want to Do?
- Chapter 12, Plotting the Stress of Litigation: Carolyn's Progress as Recorded by
Psychological Test Data
- Patients
as Victims: Sexual Abuse in Psychotherapy & Counselling
Derek Jehu
- Chapter 10, Regulation in the U.S.A.
Linda Mabus Jorgenson and Gary Richard Schoener
Hypothetical case study - Common law causes of action - Civil statutes
Criminal statutes - Administrative statutes and regulations - Ethics complaint
Complaint to employer - Mediation and processing sessions
The professional as a reporter or client advocate - The special case of post-termination
- Chapter 11, Regulation in the U.K.
Civil suits - Criminal prosecutions - Professional misconduct - N.H.S. complaint
Reporting colleagues - False allegations
- Psychotherapists'
Sexual Involvement with Clients: Intervention & Prevention
Gary Schoener, Jeanette Milgrom, John Gonsiorek, Ellen Luepker, & Ray
Conroe
1989 Walk-In Counseling Center, Minneapolis, MN
- Ch. 10 -- The Assessment of Damages
- Ch. 26 -- Advocacy: Assisting Sexually exploited clients through the
> complaint process
- Ch. 27 -- Filing Complaints agains therapists who sexually exploit
clients
- Ch. 28 -- Processing sessions
- Ch. 42 -- Legislative models for dealing with therapist/Patient
sex
- Ch. 43 -- The New Laws
- Sex in the Forbidden Zone
Peter Rutter, M.D.
- Chapter 6, A Guide for Women: Guarding the Sexual Boundary
Defending the Boundary / Filing an Ethical or Legal Complaint
- Sexual Abuse by Professionals: a Legal Guide
(1995, with 1997 and 1999 supplements) Steven Bisbing, Linda Jorgenson,
& Pamela Sutherland, Michie Co., Charlottesville, Va.
- Sexual
Exploitation in Professional Relationships
Glen O. Gabbard, M.D.
- Chapter 4, Therapist-Patient Sex Syndrome: A guide for Attorneys and Subsequent
Therapists to Assessing Damage
Kenneth S. Pope, Ph.D.
Articles
- Ten Simple Steps to Success in
Litigating Therapist Abuse Cases
John D. Winer, Esq.
- Understanding the Dynamics of the
Attorney-Client Relationship in Professional Abuse Cases
John D. Winer, Esq.
- Sexual Abuse by Therapists, Physicians,
Attorneys and Other Professionals
Pamela K. Sutherland
- Litigating Sexual Misconduct Cases - A
Plaintiffs’ Attorney’s Perspective
Pamela K. Sutherland
- Liability of Physicians, Therapists and Other
Health Professionals for Sexual Misconduct With Patient
Linda Jorgenson and Pamela K. Sutherland
- Abstracts from
Selected Articles
Pamela K. Sutherland
- Special Report: Legal Consequences for the Sexual Exploitation of Patients
by Mental Health Professionals
Steven B. Bisbing, Psy.D., J.D.
Joseph T. Smith, M.D., J.D.
Medical Malpractice - Verdicts, Settlements & Experts; May, 1987; Vol. 3,
No. 5
- Therapist-Patient Sexual Exploitation and Insurance Liability
Linda Jorgenson, Stiven B. Bisbing, and Pamela K. Sutherland
Tort & Insurance Law Journal, Volume XXVII, Number 3, Spring 1992
Other Resources
- LERN - Legal Research Network
The mission of LERN is to network attorneys and expert witnesses in an on-line
environment, and use online technology to reduce the costs associated with locating the
best expert for a case.
Note: Information provided here does not represent legal advice.
If you face a specific legal situation, you should conduct independent
inquiries with legal professionals to determine what your legal rights are in your state
or country.
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