One type of professional exploitation occurs when a professional person who is a position of authority with respect to a client or patient engages in illegal sexual activity or an unethical sexual relationship with that person. It is sometimes called “professional sexual misconduct” or “sexual exploitation” by a helping professional.
Among the professionals who might engage in professional exploitation would be psychologists, psychiatrists, social workers, doctors, nurses, members of the clergy, attorneys, accountants and financial advisors, professors, educators, and possibly law enforcement officers.
The idea is that these kinds of professionals might either pursue or allow a sexual relationship to develop with their patients or clients and if they do so, they may be taking advantage of some kind of power imbalance in the relationship. They may also be in breach of a fiduciary duty that they owe their client or patient.
The client or patient is looking to the professional for help and guidance and the professional holds themselves out as offering help and guidance. This creates the power imbalance. In addition, a professional may play on a superiority of some kind, such as their superior understanding of professional knowledge. That may be an element of the power imbalance. So, if the professional allows a sexual relationship to develop or pursues one, they are exploiting this imbalance.
Different people and groups may define professional exploitation differently. Some limit it to sexual conduct. But it need not always involve sexual contact. It may involve financial exploitation as well. The common element is that there is exploitation of the client’s trust or emotional dependency or a client or patient’s need for the professional’s help. Sometimes it is the result of the professional exercising coercive power over the client.
Either way, in the view of this theory of professional exploitation, exploitation of the power imbalance is a form of abuse, even if the client appears to be a “consenting” adult participant at the time. It is considered abuse of the client’s trust and dependence on the professional. This form of abuse may violate the trust of a client or patient and can cause financial harm as well as spiritual, emotional, or psychological harm.
Of course, in professions, especially the licensed professions, e.g. medicine, the exploitation of patients or clients is regarded as a breach of professional ethics. This may be true even if the client or patient is no longer an active patron of the professional.
What Else Should I Know About Professional Exploitation?
Of course, most professionals are ethical and professional and do not exploit their clients, but this abuse does take place. It is also important for a person to always keep in mind that a professional of whatever type offers their services in exchange for payment. In the vast majority of situations, a professional person’s interest in a person is professional and commercial. The professional’s interest in the relationship with the client or patient is exclusively for that purpose. Or, at least, it should be. A person who is a patient or client should keep this in mind.
Most professional associations have rules that prohibit professionals from engaging in sexual relationships with clients or exploiting clients in other ways, e.g. financially. It is considered a breach of the fiduciary duty that all professionals owe their clients and patients, among other offenses against professional ethics. A failure to comply with the rules of the association can be considered malpractice in the view of the law.
For example, the American Bar Association (ABA) is a professional organization that serves lawyers and the legal profession. The ABA publishes Model Rules of Professional Conduct (MRPC). These are rules that embody the ethical and professional responsibilities of members of the legal profession in the United States.
The ABA’s MRPC generally do not have the force of law and are not binding in and of themselves. They are supposed to serve as model rules for state regulators of the legal profession, such as state bar associations, which do have the authority to police the conduct of lawyers in a state. All states and the District of Columbia have rules of legal ethics that are based at least in part on the MRPC.
In almost all states in the U.S. prospective attorneys seeking admission to a state bar, and thereby acquiring a license to practice law, are required to take and pass the Multistate Professional Responsibility Examination, which tests their knowledge of the MRPC.
The important point is that in every state in the U.S., the state’s lawyers are legally obligated to obey rules of professional conduct. If they fail to do so, they are subject to discipline by their state bar association. The discipline can include loss of their license.
Professional exploitation may involve actions such as:
- Sexual assault: It should be noted that if a professional sexually assaults a client or patient, this is not technically professional exploitation. Sexual assault involves the threat of force or the use of force or violence. It is a crime and should be reported to the victim’s local law enforcement agency as quickly as possible;
- Solicitation of sexual favors or making sexual advances: This is an example of the type of conduct that would qualify as unethical and a possible example of professional exploitation. The professional would use the professional relationship to coerce a patient or client into having sexual contact;
- Harassment: Harassment is a term that covers a wide variety of conduct. It may or may not be sexual harrassment. It might take the form of stalking behaviors. So, if a person is harassed by a professional with whom they have or had a professional relationship, they should talk to their local law enforcement agency about whether the conduct is criminal and whether criminal charges may be appropriate.
Who Can Be Liable for Professional Exploitation?
Basically, any person who is a professional could be civilly liable for professional exploitation depending on the nature of the events that have taken place. Common examples of professional exploitation that might qualify as malpractice include:
In some cases, more than one person might be involved in the exploitation. They may have committed the actual exploitation, or have been involved in either supporting, concealing, or cooperating in it. A person may be liable on this basis.
What Are the Legal Remedies for Professional Exploitation?
Professional exploitation may lead to serious legal issues. The victim of the exploitation may have a legal remedy in a civil lawsuit seeking compensatory damages for negligence, professional malpractice or an intentional tort, e.g. infliction of emotional distress or fraudulent misrepresentation. An accountant who abuses their client’s trust in order to steal their money might be sued for civil theft or fraud. An accountant who abuses their client’s trust in order to steal their money might be charged with criminal theft as well.
An award of money damages would compensate the victim for financial losses and the cost of treating physical or emotional injury, such as medical treatment, rehabilitation, counseling, as well as pain and suffering and other losses.
In addition, the professional who committed the exploitation may face professional consequences. Their professional license may be suspended for a period of time, or they may lose their license permanently depending on the nature of their offense.
Some states make it illegal for the members of certain helping professions to have a sexual relationship with former patients within a certain period of time after the professional relationship has been terminated. For example, California law prohibits therapists from having sexual contact with former patients within two years of the termination of therapy.
So, again, depending on the nature of the conduct, the professional may also face criminal charges punishable by a term of imprisonment and fines. As mentioned above, other people who have conspired or collaborated with the professional in the exploitation may face criminal consequences as well.
Should I Hire a Lawyer for Help with a Professional Exploitation Lawsuit?
Professional exploitation claims can be challenging. If you think that you have been the victim of professional exploitation, you should consult a liability lawyer as soon as possible.
Everything depends on the exact facts of your situation, but your attorney can analyze the case and tell you whether you have grounds for a civil lawsuit or some other type of relief. If a lawsuit is appropriate, your lawyer can represent you through that process.
