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Liability For Emotional Abuse By A Psychotherapist

By Jocelyn Davidson


Unfortunately there are cases in which a patient does not benefit from therapy. It is a matter that arises when dealing with a professional who has poor ethical standards. If a patient suffers emotional abuse by a psychotherapist, there are legal steps that can be taken.

According to statistics, about 4.4 percent of all therapists admit to having sex with at least one client. In four out of five cases, the offender is male. Those who are exploited are female in eighty- eight to ninety-two percent of reported cases. Some of these are minors.

This has a detrimental effect to those who are already in distress. As a result eleven percent have to be hospitalized. Fourteen percent try to commit suicide and one percent are successful at ending their lives.

The patient who came to the unethical therapist with an unrelated disorder, can end up with clinical depression, anxiety or post-traumatic stress disorder. The patient who comes forward and reports the abuse is courageous. It requires great strength to do so.

There is never a time when sex between the psychotherapist and patient is ethical. All states consider it to be malpractice at the very least. Many states call it criminal conduct prosecutable in a court of law.

The abused patient has three ways in which to respond. She file charges in criminal court. She can lodge a complaint with the state licensing board. She can also file a claim in civil court.

Money for damages may be awarded in civil court. This can include punitive damages as well as funds to cover future therapy. The mistreated patient should have an attorney to provide legal advice as well as conduct the court case if it comes to that. Each state will have laws that vary to some degree.

The criminal case is dependent on what the victim claims and how the psychotherapist responds. An attorney may state that because the patient is unstable emotionally, she is lying about the abuse. However, if the therapist has been accused in the past, he may look guilty to the jury regardless of what he says.

If he has appeared before a review board multiple times it will not support his claim of innocence. Unfortunately, ethical standards regarding sex between therapist and patient is not taken seriously by the professional organizations. One prominent female psychiatrist resigned from the APA as a form of protest to their lack of concern.

There are psychotherapists with the highest level of competency who consider themselves exempt from restraint in having sexual contact with patients. They claim they do it to benefit the patient. Some of these individuals feel it is unethical to report other therapists they know are having sexual contact with patients.

Most people would consider that ludicrous. These professionals are highly educated and hold prominent positions in society. They include professors and administrators of psychiatric institutions. Those accused return to the same behavior after being cleared of charges. Rehabilitation programs have not shown good results.

It was found that recidivism occurred among the therapists as often as the general population of sex offenders. The recidivism rate is very high. Education, economic status and social position do not seem to make any difference.




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