Sexual Misconduct

Question 1

Sexual Relations with clients

Answer 1

Prohibitions with current and former clients are provided in CA and ethics code

Question 2

Laws pertaining to sexual relations with clients

Answer 2

Therapist may be held criminally and civilly liable for engaging in sexual relations with their clients and sexual misconduct with clients may also lead to disciplinary action by the licensing board

Question 3

Criminal liability (sexual misconduct)

Answer 3

Business and professions code: “therapist who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact iwth a patient or client, or with a former patient or client when the relationship was terminated primarily for th epurpose of engaging in those acts… is guilty of sexual exploitation.”

Question 4

Criminal liability (sexual misconduct) penalties

Answer 4

a) not more than 6 months or fine not exceeding $1000
b) Multiple acts in violation or exploitation not more than 6 months or fine not exceeding $1000
c) Acts with two or more victims punishable by imprisonment in state prison for a period of 16 months, 2 or 3 years, fine not exceeding $10,000; or imprisonment not more than 1 year or fine not exceeding $1000 or both
d) two or more acts with a single victim when the offender has at least one prior conviction, 16 months prison, 2 or 3 years, fine not exceeding $10,000

Question 5

Civil liability (sexual misconduct)

Answer 5

sexual contact with patient when patient was receiving therapy, within 2 years following termination of therapy, therapeutic deception

Question 6

Disciplinary Action (board of psychology, sexual misconduct)

Answer 6

Order of revocation of license if licensee or registrant engaged in any act of sexual conduct

Question 7

Ethical standards (sexual misconduct)

Answer 7

Psychologists do not engage in sexual intimacies with former clients/patients for at least 2 years after cessation or termination of therapy

Do not engage in sexual intimacies with former clients even after 2 years except in the most unusual circumstances. Psychologist bears burden of demonstrating that there has been no exlploitation (time, nature and intensity of therapy, circumstances of termination, personal history of client, current mental status, adverse impact, and statements by therapist implying or suggesting relationship)

Question 8

Sexual dual relationships

Answer 8

Ethics code addresses intimacy with relativces of clients, former sexual partners, students, supervisees

Question 9

Sexual intimacies between colleagues and clients

Answer 9

Ethically and legally obligated to take steps to protect a client when the psychologist learns the client has had sexual relations with another therapist (provide brochure, file abuse report if minor)

Question 10

Colleague disclosure of sexual misconduct

Answer 10

Psychologist should carefully weight ethical and legal implications