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LAWSUITS NEWS & LEGAL INFORMATION

Professional Sexual Misconduct


Professional sexual misconduct (sometimes called professional exploitation, institutional rape, or sexual exploitation by a helping professional) occurs when a person in a professional relationship or position of authority with another is involved in illegal or unethical sexual activity with that person. Many professional associations have rules strictly prohibiting their members from engaging in sexual misconduct with clients; failure to follow those rules may be considered malpractice. Sexual assault, solicitation, sexual advances, or harassment by a professional against a patient or client are forms of misconduct.

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Professional Exploitation

professionalmisconductHelping professionals are in a position of trust with their clients or patients. Most professionals carry out their duties with the utmost professionalism, but some take advantage of that position of trust, exploiting vulnerable patients. Among the activities that could be considered professional exploitation are sexual assault and sexual harassment. Even if the client is considered a consenting participant in the activity, the power imbalance between the helping professional and the victim indicates professional exploitation.

Among those considered "helping professionals" are
  • Doctors
  • Psychiatrists
  • Counselors
  • Therapists
  • Nurses
  • Attorneys
  • Teachers
  • Social Workers
  • Clergy
 

Sexual Exploitation

Even if clients or patients consent to the activity, it may still be considered malpractice. This is because the patient may have been convinced the sexual activity has therapeutic benefit, or because the client felt pressured to say yes by the power imbalance. Further, the helping professional is expected to maintain professional boundaries and protect the interests of the client or patient.

Some states make it illegal for certain helping professionals to engage in a sexual relationship with former patients within a certain timeframe. For example, in California therapists are prohibited from sexual contact with former patients within two years of the termination of therapy.
 

Professional Exploitation Lawsuits

In cases of professional exploitation, victims can file lawsuits against the accused. Lawsuits can also be filed against the accused's employers if they knowingly or negligently allowed the professional to carry out his or her professional exploitation.

In 2016, a jury in Los Angeles awarded $1.5 million to a female patient who alleged she was sexually assaulted by a physical therapy assistant during a physical therapy session at a hospital. The jury found the hospital was liable for the physical therapy assistant's conduct. In a different case, a lawsuit was filed against a surgeon accused of sexually assaulting patients while the patients were under anesthesia. The accused faces 26 felony counts involving eight patients, according to NBC Los Angeles (4/4/16).
 

Professional Sexual Misconduct Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
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PROFESSIONAL SEXUAL MISCONDUCT LEGAL ARTICLES AND INTERVIEWS

Two Lawsuits Filed Against Catholic Priests and Dioceses Under New Child Sex Abuse Law
Two Lawsuits Filed Against Catholic Priests and Dioceses Under New Child Sex Abuse Law
March 16, 2022
Baton Rouge, LA New child sexual abuse lawsuits alleging two Catholic priests sexually abused teens decades ago, along with coverup lawsuits against the Diocese of Baton Rouge and the Diocese of Alexandria in Louisiana, have been filed under a new law that temporarily eliminated the statute of limitations in childhood sexual abuse cases.
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Another Sex Abuse Lawsuit Filed After University of Michigan’s $490 million Settlement
Another Sex Abuse Lawsuit Filed After University of Michigan’s $490 million Settlement
February 22, 2022
Detroit, MI An elderly Michigan man has filed a federal lawsuit against the University of Michigan claiming he too was a victim of sexual abuse by the late university sports doctor Robert Anderson. His complaint comes just days after the university agreed on a settlement to end the biggest sex abuse scandal in the U.S. that involved approximately 1,050 victims.
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Juvenile Detention Center Residents “Obscenely Abused” for Years File Another Lawsuit
Juvenile Detention Center Residents “Obscenely Abused” for Years File Another Lawsuit
January 19, 2022
Burlington, VA It’s like a gruesome scene from the Dark Ages: children with disabilities shackled and thrown into isolation without supervision, sometimes for months. Woodside Juvenile Rehabilitation Center, aka “Juvie Jail” has finally closed, and a second lawsuit filed in December 2021, claims 22 Vermont Department of Children and Families employees, along with the former commissioner and Woodside staff, regularly abused children between 2016 and 2020.
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