Lawyer for Sexual Abuse by a Therapist

Your mental health is just as important as your physical health, and it is important to see a therapist if you need one. Unfortunately, not all therapists have their patients’ best interests at heart. Sexual abuse sometimes occurs, and victims can take legal action with help from an attorney.

Proving sexual abuse can be difficult when the abuse comes from a therapist. Therapy sessions are private, and the information discussed and the therapist’s notes are legally protected. As such, it can be difficult to prove that abuse even occurred. However, victims may waive the privilege protecting their communications with their therapist, and we may access a wide range of evidence to support your claims.

Call our attorneys for victims of sexual abuse at The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free, confidential case evaluation to begin.

How Long After Being Sexually Abused by a Therapist Can You Sue Them?

The time you have to sue for sexual abuse will depend on your state laws. Many states have separate statutes of limitations for abuse that happened in childhood and abuse that happened in adulthood.

Childhood Sexual Abuse

Many states have amended their statutes of limitations to give victims of childhood sexual abuse much more time to file lawsuits. Some states give victims of childhood sexual abuse until their mid-fifties to sue. Others have completely abolished the statute of limitations, and victims of childhood sexual abuse may sue at any time.

Always check with a lawyer about your state’s laws and how the statute of limitations applies to your specific case.

Abuse in Adulthood

People who experience sexual abuse in adulthood often have less time to sue. Again, the exact time depends on your state’s laws. Some states require victims to follow the statute of limitations for ordinary personal injuries, which may give them only a few years. Other states have more specific laws about sexual abuse claims for adult victims. Again, ask your attorney about your specific timeline.

What Evidence Should You Have to Sue a Therapist for Sexual Abuse?

Proving sexual abuse is often tricky. Abusers often take steps to eliminate evidence, and therapy tends to be private, leaving practically no witnesses.

Records of Therapy Sessions

Our lawyers for victims of sexual abuse may get a subpoena compelling the therapist to turn over records related to your therapy sessions. This might include the dates of all your past sessions, how long they lasted, and anything that came up during discussions. Even getting a schedule of past therapy sessions can help us put together an accurate timeline of the abuse.

Clinical Notes

Therapists typically take extensive notes during sessions. Their notes may contain details about therapy discussions, the therapist’s thoughts and opinions about the patient, and suggestions about future treatment. If your therapist made any personal notes that shed light on the abuse, we may see them.

Clinical notes are usually legally protected and cannot be disclosed. However, you are the holder of this privilege, and you may waive the therapist-patient privilege and demand access to your therapist’s notes. Notes may reveal the therapist’s true feelings or intentions toward the patient.

Communications

If you ever communicated with your therapist outside of therapy sessions, we must obtain copies of those conversations. Your lawyer should review any text messages or emails you exchanged. If you spoke on the phone with your therapist, try to remember the dates and times of those calls and what you talked about.

If any communications were sexually charged, tell your lawyer. These messages may greatly strengthen your claims.

Medical Records

If you were sexually abused and went to the doctor, we need copies of those medical records. Sometimes, doctors can confirm that someone was sexually abused after a thorough medical examination.

Can You Sue Your Therapist for Sexual Abuse?

Yes. If your therapist sexually abused you, you may sue them in civil court. Keep in mind that civil cases are legally separate from criminal cases. Your therapist may face criminal charges related to the abuse, but the outcome of the criminal case does not affect the outcome of your civil lawsuit.

Can You Sue Your Therapist’s Employer for Sexual Abuse?

Yes. Your therapist likely worked for a larger firm or a healthcare organization. We can include the therapist’s employer in your lawsuit if they knew about the abuse and did nothing to stop it or otherwise failed to prevent the abuse from occurring. Including the therapist’s employer is important, as the employer likely has more financial resources to cover your damages.

Who Pays for Damages in a Lawsuit for Sexual Abuse by a Therapist?

When suing for sexual abuse committed by a therapist, the therapist’s insurance carrier and their employer’s insurance carrier will likely pay your damages if successful. Therapists usually carry liability or malpractice insurance.

Should You Report Sexual Abuse by Your Therapist to the Police?

Yes. The police can investigate and possibly uncover more evidence that we do not yet have. Even if their investigation does not lead to criminal charges, we may have more evidence on our hands than we did before.

Will Your Therapist Be Criminally Charged if You Sue Them for Sexual Abuse?

Your therapist may face criminal charges if you report the sexual abuse to the authorities. However, prosecutors will only press charges if there is sufficient evidence. Criminal charges might not happen until after a very thorough investigation. In some cases, prosecutors use evidence uncovered by victims themselves for civil lawsuits.

What Does Grooming Behavior Look Like in Cases of Sexual Abuse by a Therapist?

Many therapists who commit sexual abuse employ grooming tactics on victims, which may include, but are not limited to…

• Inappropriate sexual disclosures or discussions
• Overly personal conversations
• Therapist treating the patient like a personal friend
• Physical affection

Many victims are unaware they are being sexually abused. They are often led to believe that the relationship is consensual. It can take a while, sometimes years, for people to realize they were sexually abused.

What if Other Victims of Sexual Abuse Come Forward After You Sue Your Therapist?

Sometimes, when one person comes forward about abuse from a therapist, other patients who have also been sexually abused are emboldened to come forward, too. While your case may remain legally separate from others, we may be able to pool legal resources and evidence with other victims, increasing the odds of a good settlement.

Speak to Our Lawyers for Victims of Sexual Abuse About Your Situation Now

Call our attorneys for victims of sexual abuse at The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free, confidential case evaluation to begin.