As an attorney who represents victims of sexual exploitation by psychotherapists, I have witnessed the devastating effects that such abuse has on the victims. I have interviewed hundreds of victims over the past 19 years, including many victims who are themselves successful, licensed psychotherapists, and can say with absolute certainty that the harmful effects of a psychotherapist’s sexual abuse are not in the least diminished where, as in the article published in CommonWealth, the patient was a psychotherapist.

Indeed, a therapist, as patient, can suffer harm as a result of his or her psychotherapist’s misconduct just as a dentist, as patient, who is familiar with the procedure being performed, can suffer harm at the hands of his or her own dentist who commits malpractice.

The harm is not selective. Sexual misconduct is an “occupational risk” within the psychotherapy profession. (See Bisbing, Jorgenson, Sutherland, Sexual Abuse by Professionals: A Legal Guide, The Michie Co., 1995,922-2. ) Just as a surgeon runs the risk of negligently failing to remove a surgical sponge, the psychotherapist may negligently mishandle the transference phenomenon, an important tool in the psychotherapist-patient relationship, by engaging in sexual contact with the patient. (See St. Paul Fire & Marine Ins. Co. v. Love,459 N.W.2d 698, 701 (Minn. 1990); L.L. v. Medical Protective Co.,362 N.W.2d 174 (Wis. 1984).)

Here in New York, in recognition of its deleterious effects, the legislature has criminalized sexual contact between psychotherapist and patient. The criminal statute permits all patient-victims, including those patients who are therapists, to bring criminal complaints against psychotherapists who sexually exploit them in therapy.

Audrey Bedolis is an attorney in New York City.