Women's Sexual Exploitation in Therapy

JACQUELINE R. CASTEL

ABSTRACT

The incidence of therapist-patient sex is disturbingly high, and the obstacles to seeking legal redress against a sexually abusive therapist are numerous. The defence of consent is one of the most serious obstacles. Generally no physical coercion is involved; and the patient often believes she is consenting at the time in which sexual relations occur. The author explores how the defence of consent has been construed to bar women from succeeding in malpractice and sexual assault suits against sexually abusive therapists. Her thesis is that an understanding of the nature and dynamics of the therapeutic relationship leads to the conclusion that free and informed consent is not possible in this context. The author concludes with a discussion of whether a mandatory reporting law, requiring therapists to file a report with the relevant licencing authorities when they become aware that a current patient has engaged in sexual relations with a former therapist, would be desirable.

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Citation: (1991) 49(2) U.T. Fac. L. Rev. 42.
Copyright © 1991. University of Toronto Faculty of Law Review.
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