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Sexual Relations with Clients - Sexual contact and sexual misconduct definitions
“Sexual contact” means the touching of an intimate part of a client or a former client.
“Sexual misconduct” means the inappropriate conduct or communication of a sexual nature that is substantially related to the qualifications, functions, or duties of a psychologist or registered psychological associate
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Sexual Relations with Clients - Criminal Liability
An act or multiple acts with a single victim in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
An act or acts in violation of subdivision (a) with two or more victims shall be punishable by imprisonment in the state prison for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
Two or more acts in violation of subdivision (a) with a single victim, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment in the state prison for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
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Sexual Relations with Clients - Civil Liability
A cause of action against a psychotherapist for sexual contact exists for a patient or former patient for injury caused by sexual contact with the psychotherapist, if the sexual contact occurred under any of the following conditions: (1) During the period the patient was receiving psychotherapy from the psychotherapist. (2) Within two years following termination of therapy. (3) By means of therapeutic deception.
As defined in this section, sexual contact refers to “the touching of an intimate part of another person ... [and] includes sexual intercourse, sodomy, and oral copulation”; and therapeutic deception means “a representation by a psychotherapist that sexual contact with the psychotherapist is consistent with or part of the patient’s or former patient’s treatment.
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Sexual Relations with Clients - Disciplinary action
any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 728, when that act is with a patient, or with a former patient within two years following termination of therapy, shall contain an order of revocation ... [which] shall not be stayed by the administrative law judge.
Health care facilities or other entities where psychologists, or psychological associates provide care for patients in their facility, are required to report any written allegation of sexual abuse or sexual misconduct against a patient to the Board of Psychology within 15 days of receiving the written allegation. The penalty for not reporting within 15 days results in a maximum civil or administrative fine of $50,000 per violation, paid for by the facility.
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Sexual Relations with Clients - Ethical Standards Pertaining to Sexual Relations with Clients
prohibits psychologists from engaging in sexual intimacies with current therapy clients. Although the Ethics Code does not specify what constitutes “sexual intimacies,” they are generally interpreted as including such acts as intercourse, fondling, erotic hugging, and communications intended to elicit sexual arousal
(a) Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy. (b) Psychologists do not engage in sexual intimacies with former clients/patients even after a two-year nterval except in the most unusual circumstances. Psychologists who engage in such activity after the two years following cessation or termination of therapy and of having no sexual contact with the former client/patient bear the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including (1) the amount of time that has passed since therapy terminated; (2) the nature, duration, and intensity of the therapy (3) the circumstances of termination; (4) the client’s/patient’s personal history; (5) the client’s/patient’s current mental status; (6) the likelihood of adverse impact on the client/patient; and (7) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client/patient.”
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Other Sexual Dual Relationships
The Ethics Code also addresses sexual intimacies with relatives of current clients, therapy with former sexual partners, and sexual relationships with students and supervisees.
prohibits psychologists from engaging in sexual intimacies with “individuals they know to be close relatives, guardians, or significant others of current clients/patients.” It also states that psychologists “do not terminate therapy to circumvent this standard.”
prohibits psychologists from providing therapy to former sexual partners.
psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority.
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Sexual Intimacies Between Colleagues and Clients - Client disclosure
A psychologist is ethically and legally obligated to take steps to protect a client when the psychologist learns that the client has had sexual relations with another therapist. When the client reports having sex with another therapist, a psychologist is legally required to give the client the brochure Therapy Never Includes Sexual Behavior and discuss the contents of the brochure with the client. The psychologist must also file a child abuse report when the client is a minor or when the client is an adult but was a minor when the sexual contact occurred, and the psychologist has reasonable suspicion that the therapist is still abusing minor clients. However, if the client was an adult when the sexual contact occurred, the psychologist should not reveal any information about it without the client’s consent.
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Sexual Intimacies Between Colleagues and Clients - Colleague disclosure
When a colleague discloses to a psychologist that they had, or are having, a sexual relationship with an adult client, the psychologist should carefully weigh the ethical and legal implications of taking action.
Although it may be possible to resolve the situation informally (e.g., by persuading the colleague to make a report him/herself), a sexual relationship with a client may not be appropriate for informal resolution. Note, however, that a psychologist would not be able to file a complaint against the colleague with the licensing board or the APA’s Ethics Committee when doing so violates the client’s confidentially, which takes precedence over the responsibility to report the colleague for misconduct.
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Practice Questions - Which of the following is the minimum penalty the Board of Psychology will impose on a psychologist who has been found to have had a sexual relationship with a current therapy client?
1. revocation of license
2. formal censure
3. probationary status for five-years
4. restriction of patient population
In terms of disciplinary action by the Board of Psychology, some acts of professional misconduct have minimum and maximum penalties. However, there is only one penalty possible for sexual misconduct with a current therapy client and that is revocation or surrender of license. Therefore, answer 1 is the correct response.
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Practice Question - Which of the following statements is most consistent with the requirements of the APA’s Ethics Code?
1. A sexual relationship between a therapist and former client is acceptable as long as therapy was not terminated in order to begin the relationship.
2. A sexual relationship between a therapist and former client is acceptable as long as at least one year has passed since termination of therapy and therapy was not terminated in order to begin the relationship.
3. A sexual relationship between a therapist and former client may be acceptable in the “most unusual circumstances” when at least two years have passed since termination of therapy
4. A sexual relationship between a therapist and former client is not permitted under any circumstances.
Sexual intimacies between therapists and former clients is addressed in Standard 10.08 of the Ethics Code. It states that “psychologists do not engage in sexual intimacies with former clients/patients even after a two-year interval except in the most unusual circumstances.” Answer 3 is most consistent with the requirements of Standard 10.08 and is, therefore, the correct response.
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