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FINDING A STRATEGY IN LITIGATION: SEXUALLY EXPLOITED PATIENTS IN THERAPY

NCJ Number
142261
Journal
Journal of Law and Society Volume: 20 Issue: 1 Dated: (Spring 1993) Pages: 39-55
Author(s)
D Twomey
Date Published
1993
Length
17 pages
Annotation
This analysis of issue related to sexual contact involving mental health providers and their clients concludes that a strict duty of care should be imposed between patients and therapists.
Abstract
Sexual exploitation in therapy occurs as a result of professional and social factors and denial of the problem, leading to underreporting by women due to ignorance, guilt, and shame. Internal professional problems could be alleviated by the improved training methods now being recommended by many professionals, with specific emphasis on how to deal with the combination of power and the eroticized transference that is a recognized part of the therapeutic process. Socially, the situation will be improved only with the providing of more information for the general public. Patients often lack knowledge of the standard and methods of treatment they should expect. In addition, attitudes toward abuse victims need to change from the common tendency to blame victims for allowing the abuse. The legal system should also make professionals accountable to the law through the recognition of a duty of care. However, attorneys should recognize that litigation alone is insufficient and that public education, a change in societal attitudes, and appropriate legislative changes are also needed. 57 reference notes