Therapy has become an increasingly common avenue for self-improvement and healing, especially during life’s darkest and most vulnerable moments. While most therapists adhere to their professional codes of ethics and are committed to their clients’ well-being, some cross critical boundaries and exploit the trust placed in them. When therapists engage in sexual abuse, it not only violates ethical and legal standards but can also inflict profound and lasting harm on their victims.
At White Law PLLC, our team has a proven history of advocating for clients against sexual abusers and helping them seek justice. A Michigan therapist sexual abuse lawyer from our firm can guide you through the legal process, ensuring your voice is heard and your rights are protected.
Breaking Down Therapist Sexual Abuse
Cases of sexual abuse by a therapist are 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 creates a dynamic in which clients cannot consent to any sexual contact within two years of receiving services. In instances of forced sexual contact, the violation is even more severe, constituting both a betrayal of trust and a criminal act of sexual assault.
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.
Effect of Therapist Sexual 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 sexual 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 Therapist Sexual Abuse
Survivors of sexual abuse have three primary options for recourse and may choose to pursue any combination—or none at all—depending on their circumstances and preferences. Speaking with an attorney during this stage can provide valuable guidance, as these paths often intersect. 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
Sexual abuse is illegal, with abuse from a therapist being 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. Many survivors of therapist sexual 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 Sexual 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 sexual 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 Sexual Abuse Attorney Today
At White Law PLLC, we understand that sexual abuse is an incredibly traumatic 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.
White Law PLLC has 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.
