Legislative intervention regarding therapist sexual misconduct: An overview.

Abstract

Despite prohibitions by the ethical codes of all major mental health professions, therapist sexual misconduct remains a serious problem. Over the past 13 years, individual states have enacted laws regarding therapist sexual misconduct with the hope of more successfully curbing this behavior. The laws fall into four categories: civil, criminal, reporting, and injunctive relief statutes. This article discusses the theoretical underpinnings of the laws, examines the provisions of the existing statutes, and provides an overview of the advantages and disadvantages of each category of statute. Preliminary evaluative data are also presented.The issue of sexual misconduct by therapists (and other professionals ) has gradually emerged from the shadows of public consciousness and into the spotlight. All major mental health organizations recognize the unethical nature of sexual involvement with patients (American Psychiatric Association, 1993; American Psychological Association, 1992; National Association of Social Workers, 1994). Organizations such as the Walk-In Counseling Center of Minneapolis, Minnesota, and self-help groups such as Therapist Exploitation Link Line (TELL) and Boston Association to Stop Therapist Abuse (BASTA) provide much-needed assistance to victims. Members of these groups raise the level of public awareness and understanding of the problem and lobby state legislatures, licensing boards, and pro-KATHERINE C. HASPEL received her PhD in clinical psychology from the University of Rhode Island in 1981. She is an adjunct assistant professor of psychology at the University of Rhode Island and is in private practice in Providence. She is also the Chair of the Legislative Committee of the Rhode Island Task Force on Therapist Sexual Misconduct. LINDA MABUS JORGENSON of Spero & Jorgenson, P.C., Cambridge, Mas-• sachusetts, is an attorney experienced in cases involving sexual misconduct by therapists, physicians, attorneys, clergy, and other professionals and has seen over 300 clients who have been sexually exploited. She has also published widely in this area.

Religious Leadership Failure: Forgiveness, Apology, and Restitution

“…In the latter study, Lamb et al (2003) suggested the difference in results was because the 2003 study asked for more details about the offenses. Haspel et al (1997) stated the actual numbers of offenses are probably higher than the studies show because most studies used selfreport instruments. In addition, the differences in definitions of sexual contact make studies difficult to compare.…”

Can Derailed Pastors be Restored? Effects of Offense and Age on Restoration

“…In addition to ethics codes, criminal and civil statutes that prohibit sexual relationships between counselors and counselees reflect societal attitudes about such behavior; in fact, in some states, these statutes include clergy (Haspel, Jorgenson, Wincze, & Parsons, 1997). Moreover, in some states the language of the statutes indicates that former counselees can sue their counselors for violating sexual boundaries even if the violation occurred after a counseling relationship ended.…”

“…Some suggested that the numbers proposed in studies are lower than the actual numbers because most studies used self-report instruments (e.g., Haspel et al, 1997). In an attempt to address self-report bias, Wincze, Richards, Parsons, and Bailey (1996) used an indirect method of asking therapists if they had treated clients who had had sexual relationships with former counselors.…”

“…However, plaintiffs must prove that they were still dependent on their counselors at the time of the sexual relationship or that deception was involved (i.e., that the therapist indicated that the sexual relationship was therapeutic and then ended the professional relationship in order to engage in the sexual relationship). In Texas, this provision applies even after the two-year period indicated in most professional codes of ethics if the counselee can prove emotional dependency (Haspel et al, 1997). Furthermore, these laws apply even if the counselee is the initiator of the relationship (Hadman-Cromwell, 1991).…”

Sexual Contact Between Psychologists and Patients

“…State-run organizations and self-help groups have sprung up in several places around the country and on the internet to provide support, information, and assistance to victims of therapist sexual misconduct (Haspel, Jorgenson, Wincze, & Parsons, 1997). Examples of these include the Walk-In Counseling Center in Minneapolis, the Boston Association to Stop Therapist Abuse, Therapist Exploitation Link Line, and AdvocateWeb.…”