Can I Sue a Therapist for an Affair?

You may have the right to sue a therapist who had an affair with you. Depending on the facts of your case, compensation might include an amount for emotional suffering.

Our Attorneys recently settled a claim on behalf of a woman who had an affair with her psychologist. Even though there was consent, the affair could be construed as sexual abuse by the therapist under statutory law.

Professional psychotherapy never includes sex. It doesn’t matter if you, the patient, started or wanted the sexual involvement with the therapist. Therapists are responsible for keeping sexual intimacy out of the therapy relationship and are trained to know how to handle a patient’s sexual attractions and desires.

It is unethical and illegal for a therapist to have sex with a patient. It is assault and medical malpractice.

What about an Affair That Happened after Therapy Ended?

Under state laws, sexual contact after termination of therapy is also illegal and unethical for a period of years, generally two years.

Our law firm recently settled a claim on behalf of a woman who had an affair with her therapist after therapy had ended. The woman was in her early 20’s when she began seeing him to help her deal with the emotional aftermath of an amicable yet painful divorce. Almost immediately, the therapy sessions turned flirtatious, with the therapist quickly confessing his emotional and physical attraction to the woman.

Eventually, the therapist terminated the counseling relationship with the woman, and the two began having an affair. At one point, he agreed to leave his wife, but he later backed out. The relationship then began to deteriorate, and the woman realized she had been harmed.