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Women's sexual exploitation in therapy.

J R Castel

    University of Toronto Faculty of Law Review
    |April 1, 1991
    PubMed
    Summary

    Sexual relations between therapists and patients are common, and consent is often used as a defense in legal cases. This paper argues that genuine consent is impossible within the therapeutic relationship due to its inherent power dynamics.

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    Area of Science:

    • Psychology
    • Law
    • Ethics

    Background:

    • Therapist-patient sex is a significant issue with high incidence.
    • Legal recourse for patients is often hindered by obstacles.
    • The defense of consent is a primary barrier in malpractice and sexual assault cases against therapists.

    Purpose of the Study:

    • To analyze how the defense of consent impedes legal action for sexual abuse by therapists.
    • To assert that the therapeutic relationship's dynamics preclude valid patient consent.
    • To discuss the potential benefits of mandatory reporting laws for therapist-patient sexual misconduct.

    Main Methods:

    • Exploration of legal precedents and case law.
    • Analysis of the psychological dynamics within the therapist-patient relationship.
    • Discussion of ethical considerations and legal doctrines related to consent.

    Main Results:

    • The legal defense of consent has historically barred patients from successful claims against abusive therapists.
    • The inherent power imbalance and nature of therapy invalidate the possibility of free and informed consent.
    • Existing legal frameworks are insufficient to protect patients from sexual exploitation by therapists.

    Conclusions:

    • The therapeutic relationship fundamentally compromises a patient's ability to provide informed consent to sexual activity.
    • Legal systems must re-evaluate the application of consent defenses in cases of therapist-patient sexual misconduct.
    • Mandatory reporting laws could offer a mechanism to improve accountability and patient protection.
    Keywords:
    Legal ApproachMental Health TherapiesProfessional Patient Relationship

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