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Sexual Misconduct of Therapists - A Cause for Civil and Criminal Action

NCJ Number
97812
Journal
Trial Volume: 21 Issue: 5 Dated: (May 1985) Pages: 46-51
Author(s)
R I Simon
Date Published
1985
Length
6 pages
Annotation
This article explores civil and criminal actions available to patients sexually exploited by their psychotherapists, reviews malpractice cases, and explains transference and countertransference.
Abstract
Transference refers to unconscious feelings transferred from the past to persons in the present. Countertransference occurs when a therapist experiences unconscious conflicts and feelings toward a patient. Some sexual relationships between patients and therapists are attributed to transference and countertransference gone awry; others, to emotionally disturbed therapists. Civil law has not always found transference and countertransference a mitigating factor for either patient or therapist, as illustrated by two cases. Damages resulting from a therapist's sexual relationship with a patient are reviewed, and six-figure judgments are shown to be common following Roy v. Hartogs in 1976. The awards are large because patients are often devastated by such experiences and may suffer a severe regression requiring hospitalization. Also discussed are possible defenses that could have been raised in Roy v. Hartogs, and the possibility of a therapist becoming involved in licensure and criminal proceedings as well as in civil litigation. Included are 29 notes.

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