Therapy is becoming a more prevalent method of self-improvement and healing. Many people seek therapy during some of their darkest and most vulnerable times, and while most therapists genuinely care for the well-being of all of their clients and take their code of ethics seriously, some fail to uphold appropriate boundaries to keep their clients safe. When therapists violate these professional codes of conduct and ethics, it can cause life-long damage to the client they abuse.
Abuse can show up in many ways, and though it may not be intended to cause harm, it is never acceptable. Federal and state laws provide legal protection if a therapist has exploited the power dynamic in your therapeutic relationship. At White Law, PLLC Michigan therapist abuse lawyer and our team has a proven history of advocating for clients against their abusers and helping them seek justice.
Breaking Down Therapist Abuse
Therapist abuse can take many forms. Anyone with a professional license is held to certain standards that limit the types of interactions a therapist may have with a client outside of the therapeutic relationship. These nearly always prohibit any kind of business relationship and invariably prohibit romantic or sexual interactions. Cases of physical abuse by a therapist are also viewed as more egregious than assaults otherwise committed due to the safe expectations of the relationship.
The power exchange established by the start of a therapeutic relationship employs a dynamic that does not allow a client to consent to any sexual contact within two years of receiving services. Therefore, MCL §750. 520e makes it a criminal offense for a mental health professional to engage in sexual conduct of any kind with a client. When a therapist violates this law, they are violating criminal law and their ethical licensure mandates.
Other forms of therapist abuse include emotional or verbal abuse, when your therapist degrades, gaslights, or otherwise intentionally makes efforts to inflict emotional distress. Financial abuse occurs when a therapist uses their position of power to receive money, services, or gifts. Physical abuse is more common in hospital or inpatient settings or children or otherwise developmentally delayed clients and may include hitting, restraining, slapping, choking, or other methods of physical violence.
Effect of Therapist Abuse
The relationship between therapist and client is nearly sacred. It is meant to be the one place where you can be your most vulnerable and authentic self, and when that is exploited, the long-term effects of therapist abuse on survivors can be significant. Some of these effects include:
- Depression
- Anxiety
- Self-harm
- Aversion to seeking help
- Emotional instability
- Difficult interpersonal relationships
Your Fight Is Our Fight
Legal Recourse After Michigan Therapist Abuse
If an abusive therapist has victimized you, there are three options for recourse, and you may choose to pursue any combination or none of them. It is crucial to speak with an attorney at this stage to discuss any potential effects one action may have on another. For example, a criminal case can significantly affect the outcome of a civil case.
Civil Action
If your therapist has abused you, you may be eligible to pursue compensation and damages through a civil personal injury lawsuit. This type of lawsuit is not seen in criminal court and will only allow you to pursue monetary damages. Many abuse survivors feel that pursuing a civil case gives them a sense of agency and an opportunity to speak out against the perpetrator.
Criminal Action
Abuse of any kind is illegal, and abuse from a therapist is particularly egregious, and Michigan law allows you to pursue prosecution. If you choose to contact the police to pursue a criminal case, this will result in criminal penalties to the therapist and does not generally result in monetary compensation to the victim of the abuse. Many survivors of therapist abuse are more hesitant to pursue criminal charges because it can be very emotionally taxing, but they also report feeling heard and empowered at the end of the process.
Licensing Board
If a therapist has perpetrated abuse, they can be reported to their professional licensing board or the Bureau of Professional Licensing (BPL), which may result in the suspension or revocation of the professional license. You can go online to file a complaint with the BPL. Regarding what happens after a complaint is filed, it will be reviewed and then marked unsubstantiated or opened for investigation into the provider.
Therapist Abuse Victim’s Rights
Regardless of whether you decide to pursue criminal charges or a civil lawsuit, some of the legal protections for survivors of therapist abuse include your right to pursue compensation through civil court and criminal charges. In Michigan, crime victim rights include the rights to
- be treated with fairness and respect for their dignity and privacy
- be informed of the criminal justice process
- notified of all proceedings in the case
- attend all court proceedings
- information regarding conviction, sentence, imprisonment, and release of the accused therapist
In cases of sexual abuse or misconduct by a therapist, survivors have a right to have a sexual assault evidence kit administered and stored. MCL §752.953 states this must be free of charge regardless of whether the survivor chooses to pursue charges. In many situations, the courts can issue a victim advocate to guide you through the process and provide emotional and educational support throughout your case.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Call a Michigan Therapist Abuse Attorney Today
If a therapist has abused you, the state of Michigan provides recourse. At White Law PLLC, we understand that this can be an incredibly vulnerable experience and that taking steps to hold the abuser accountable may be painful. The decision to move forward and seek justice is a personal one, but we will be by your side to help you through it, give you a voice, and fight for the maximum compensation available to you to support your healing journey.
At White Law PLLC, we have recovered millions of dollars on behalf of abuse and injury victims in Michigan. You can contact us at any time to schedule a free case consultation without obligation. You do not have to carry this burden alone.
We’re Experienced. We Care.
We Exceed Client Expectations.
