INTRODUCTION
Sexual behavior between a therapist and a client can harm the client. Harm may arise from the therapist’s exploitation of the client to fulfill his or her own needs or desires, and from the therapist’s loss of the objectivity necessary for effective therapy. All therapists are trained and educated to know that this kind of behavior is illegal and unethical.
Therapists are trusted and respected by their clients, and it is not uncommon for clients to admire and feel attracted to them. However, a therapist who accepts or encourages the expression of these feelings through sexual behavior with the client—or tells a client that sexual involvement is part of therapy—violates the therapeutic relationship, and engages in conduct that may be illegal and unethical. This kind of abusive behavior can cause harmful, long-lasting, emotional, and psychological effects to the client.
CLIENT RIGHTS
You, as a client, have the right to:
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Request and receive information about the therapist’s professional capabilities, including licensure, education, training, experience, professional association membership, specialization, and limitations.
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Be treated with dignity and respect.
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A safe environment, free from sexual, physical, and emotional abuse.
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Ask questions about your therapy or other services from your provider.
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Decline to answer any question or disclose any information you choose not to reveal.
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Request and receive information from the therapist about your progress toward your treatment goals.
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Know the limits of confidentiality and the circumstances in which a therapist is legally required to disclose information to others.
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Know if there are supervisors, consultants, students, or others with whom your therapist will discuss your case.
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Decline a particular type of treatment, or end treatment without obligation or harassment.
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Refuse electronic recording.
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Request and (in most cases) receive a summary of your records, including the diagnosis, your progress, and the type of treatment.
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Report unethical and illegal behavior by a therapist (see “What You Can Do”).
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Receive a second opinion at any time about your therapy or your therapist’s methods.
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Receive a copy of your records or have a copy of your records transferred to any therapist or agency you choose.
COMMON REACTIONS TO SEXUAL MISCONDUCT BY A THERAPIST
If a therapist has engaged in any sexual behavior or contact with you, you may experience some or all of the following feelings or reactions:
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Intimidated or threatened.
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Guilt and responsibility—even though it is the therapist’s responsibility to keep sexual behavior out of therapy.
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Mixed feelings about the therapist—e.g., protectiveness, anger, love, betrayal.
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Isolation and emptiness.
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Distrust of others’ feelings or intentions, or your own feelings.
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Fearful that no one will believe you.
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Feeling victimized or violated.
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Experiencing traumatic symptoms, e.g., anxiety, nightmares, obsessive thoughts, depression, or suicidal or homicidal thoughts.
WHAT YOU CAN DO
Report the Therapist—What happened to you may be illegal and unethical and you should report it to the appropriate licensing board as soon as possible in order for the board to take appropriate action within the statute of limitations. The purpose of these licensing boards is to protect the health, safety, and welfare of consumers. Licensing boards have the authority to discipline therapists by using the administrative law process.
HOW TO FILE A COMPLAINT
You can submit your complaint online or in writing using the forms on the respective board’s website to start the process. You should provide as much information as possible. The board will require a signed release form, authorizing it to obtain your records from the therapist. These records are required for official use, including investigation and possible administrative proceedings regarding any violations of the law. Your complaint will be evaluated, investigated, and you will be notified of the outcome.
The following are possible outcomes of your complaint:
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Revocation or surrender of the therapist’s license: This results in the loss of license and right to practice.
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Probation: The therapist’s license may be placed on probation for a defined period of time, with terms and conditions that must be complied with, in order to continue to practice.
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Case is closed and no action taken against the therapist’s license: The board could not substantiate a violation of the laws and regulations.
All disciplinary actions are public information. In addition to filing a complaint with the appropriate regulatory board, you may also have civil remedies and criminal recourse available to you in regard to this incident.
FREQUENTLY ASKED QUESTIONS
Is it normal to feel attracted to a therapist?
Yes, it is normal to feel attracted to someone who is attentive, kind, and caring. This is a common reaction toward someone who is helping you. However, all therapists are trained to be aware of this and to maintain a professional therapy relationship that is beneficial to the client.
What if the client initiated sexual behavior?
The therapist is the one who is responsible for ensuring that sexual behavior or contact is not part of therapy.
Why do I feel scared or confused about reporting my therapist? In most cases, the therapist is an important person in the client’s life. Therefore, feelings such as fear, confusion, protectiveness, shame, or guilt are common.
Can I file a complaint if there is or has been a civil case between myself and the therapist?
Yes, you may file a complaint at any time, whether the case is ongoing or concluded. A civil settlement cannot preclude you from filing a complaint against a licensee.
Can I file a complaint if I had a personal relationship with my therapist?
Yes.
The full document can be read here, https://www.dca.ca.gov/publications/proftherapy.htmll