Am J Psychiatry 1991; 148:859-863
Copyright © 1991 by American Psychiatric Association
Criminalization of psychotherapist-patient sex
LH Strasburger, L Jorgenson and R Randles
Department of Psychiatry, McLean Hospital, Belmont, MA.
Legislative enactment of criminal penalties for psychotherapists' sexual
contact with their patients is pending in several states. The arguments in
favor of criminalization are that it serves as a deterrent, offers
retribution, provides redress when other avenues are blocked, deals with
unlicensed psychotherapists, makes victims' assistance funds available, and
provides due process protection against false accusations. In opposition to
criminalization are the arguments that civil and administrative measures
already exist to deal with the problem, it may have a chilling effect on
the reporting of misconduct, it may void malpractice insurance, it makes
guilty psychotherapists place themselves in jeopardy if they acknowledge
their wrongdoing in attempting to make amends, it removes control of the
legal process from the victim, it fails to offer rehabilitation, and it
singles out psychotherapists from other fiduciaries for more stringent
treatment. APA district branches inevitably will be called on to take
positions with regard to legislation criminalizing sexual exploitation of
patients. The current public outrage over patient victimization, however
appropriate it may be, appears to make it difficult to publicly justify
anything other than support for criminalization.
