Monday 6 October 2014

By Jocelyn Davidson





When an unhealthy relationship exists between patient and psychotherapist he or she will not benefit. This situation happens due to the professional having poor ethical standards. Whenever the patient suffers emotional abuse by a psychotherapist, legal action can be taken.



According to statistics, about 4.4 percent of all therapists admit to having sex with at least one client. In four out of five cases, the offender is male. Those who are exploited are female in eighty- eight to ninety-two percent of reported cases. Some of these are minors.



The effect this has on someone already in emotional distress is devastating. Fourteen percent attempt to take their own lives. One percent have been successful. About eleven percent must be hospitalized as a result of the sexual abuse.



The patient who came to the unethical therapist with an unrelated disorder, can end up with clinical depression, anxiety or post-traumatic stress disorder. The patient who comes forward and reports the abuse is courageous. It requires great strength to do so.



There is never a time when sex between the psychotherapist and patient is ethical. All states consider it to be malpractice at the very least. Many states call it criminal conduct prosecutable in a court of law.



The abused patient has three ways in which to respond. She file charges in criminal court. She can lodge a complaint with the state licensing board. She can also file a claim in civil court.



A civil court can award money for damages. Punitive damages may be added to punish the offender. The best way for the victim to proceed is to engage the services of an attorney. An attorney can give legal advice plus represent her in court as the case proceeds. The laws in each state may vary.



The criminal case brought against a psychotherapist depends largely on what the patient claims opposed to what the therapist denies. The attorney defending the therapist may use the tactic of claiming the patient is unstable and therefore, likely to be lying. If one psychotherapist, however, is accused by other patients, he is more likely to appear guilty to the jury.



Numerous incidents of this nature are not likely to speak well for him. It does not indicate innocence when more than one person claims abuse. Ethics in this area have not been viewed seriously in the past. In fact, one prominent female psychiatrist resigned from The American Psychiatric Association due to its lack of concern regarding complaints brought by patients.



Some individuals consider themselves to be above the law. They show no restraint when it comes to having sexual relations with a patient. Some even say it is beneficial to the patient. They also may consider it unethical to report another therapist for doing the same thing.



Most people would consider that ludicrous. These professionals are highly educated and hold prominent positions in society. They include professors and administrators of psychiatric institutions. Those accused return to the same behavior after being cleared of charges. Rehabilitation programs have not shown good results.



Rehabilitative attempts have been made for these professionals who offend. However, the recidivism rate is high. In fact, it is comparable to the recidivism rate for sexual offenders in the general population.









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