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UNANSWERED QUESTIONS ABOUT THE CRIMINALIZATION OF THERAPIST-PATIENT SEX

NCJ Number
143413
Journal
American Journal of Psychotherapy Volume: 46 Issue: 4 Dated: (October 1992) Pages: 526-531
Author(s)
R J S Deaton; P M L Illingworth; H J Bursztajn
Date Published
1992
Length
6 pages
Annotation
The debate over criminalization of therapist-patient sexual misconduct is examined in the context of four broad issues: philosophical, clinical, legal, and empirical.
Abstract
There are two basic philosophical questions that are crucial for understanding the topic of therapist-patient sexual behavior: what would constitute consent to sexual relations and how much value should be placed on consent in balance with other values such as the legal process and professional ethics. The clinical questions raised by this issue are complex and divisive: what exactly is the therapist- patient relationship and how does it differ from other interpersonal relations? And what is the nature of power and the differentials of power within this dyadic relationship? Some legal questions rise directly from the philosophical and clinical questions: should consent be a defense to a criminal charge of sexual misconduct, for how long should the issue of consent be legally irrelevant, and what role should the State play in regulating people's private lives. Empirical issues that must be addressed revolve around the deterrence effect of criminalization on therapist-patient sexual relations and the effect of criminalization on tort compensation for victims. 5 references

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