Sexual Misconduct

Question 1

. Laws Pertaining to Sexual Rel with Clients

Answer 1

psych’s may be held criminally and civilly liable for engaging in sex with clients, as well as disciplinary action by licensing board

Question 2

Criminal Liability

Answer 2

Established by B&P Code, psych who engages in sex, sodomy, oral, sex with a client, or with a former patient when rel was terminated for purpose of engaging in those acts…is guilty of sexual exploitation

Question 3

Criminal Liability: Penalties for Engaging in Sex

Answer 3

• -punishable by imprisonments in county jail for period of not more than 6 mo, or a fine not exceeding $1000, or by both imprisonment and fine.
• -multiple acts with a single victim–with no prior conviction, shall be punishable by imprisonment in jail for period of not more than 6 mo, or a fine not exceeding 1000, or by both imprisonment and fine.
• -Act or acts in violation with 2 or more victims–punishment by imprisonment in state prison for 16 mo, t2 years, or 3 years, and a fine not exceeding $10,000;
• -2 or more acts with single victim–when offender has one prior convictions–punishable by state prison for 16 mo, 2 years, 3 years and a fine not exceeding $10,000; or
• -Act or acts in violation with 2 or more victims–and one prior conviction–punishable in prison for 16 mo, 2 years or 3 years, and a fine not exceeding $10,000

Question 4

Civil Liability: Penalties

Answer 4

If sex rel. occurred under the following conditions:

1) during the period when patient received therapy
2) within 2 years following termination of therapy
3) by means of therapeutic deception (representations by a therapist the sex with the therapist is consistent with the tx)

Question 5

Sex contact with a patient is also addressed in ethics code, Unprofessional Conduct

Answer 5

any sex with a patient within 2 years following terminations, or sexual misconduct that is related to qualifications, fxns, duties of a psych

Question 6

Disciplinary Action

Answer 6

any finding of fact that the licensee engaged in any sex contact, within 2 years following termination of tx, shall contain an order of revocation….shall NOT be stayed by the judge

Question 7

2. Ethical Standards Pertaining to Sex Relations with Clients

Answer 7

• -Not engaged with sex with a former client for at least 2 years after terminations
• -Psych’s do not engage in sex with former clients even after 2 years except IN THE MOST UNUSUAL CIRCUMSTANCES. Psych’s who engage in sex after 2 years, have the burden of proof to show that there has been no exploitation, in light of all factors: 1) amount of time that has passed since tx ended, 2) nature, duration, intensity of tx, 3) circumstances of termination, 4) client’s personal hx, 5) client’s mental status, 6) likelihood of adverse impact, and 7) any statements/actions made by therapist during gate course of tx inviting post termination rel.

Question 8

B. Other Sexual Dual Rel

Answer 8

• -Psych’s are prohibited from engaging in sex with “indiv they know to be close relatives, guardians, or sig others of clients”
• -Psych’s do not terminate therapy to circumvent this standard
• -Psch’s do not engage in sex with students, supervises who are in their dept, agency, training or whom that have evaluative authority

Question 9

C. Sexual Intimacies Between Colleagues and Clients

Answer 9

Psych is legally and ethically obligated to take steps to protect client when they learn that client has had sex with another therapist

• -they give the brochure Professional Therapy Never Includes Sex and discuss contents of brochure.
• -the psych must file a child abuse report when client is a minor or when client is an adult but was a minor when abuse occurred and there is reasonable suspicion that therapist still has access to clients. **If client was an adult when sex occurred, psych should not reveal any info about it without the client consent.

Question 10

Colleague discloses to psych that they had or is having sex rel with an adult client, they should….

Answer 10

• -Psych should carefully weigh ethical and legal implications of taking action
• -Psych ethical obligations when a colleague acts unethically are described in ethics code
• -Although you may be able to resolve situation informally (convince colleague to report self), a sexual rel with a client may not be appropriate for informal resolution
• *Psych would NOT be able to file a complaint against the colleague with the licensing board or APA’s committee when doing so violates client’s confidentiality, which takes precedence over reporting the colleague