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The United States Code, Chapter 109a, Title 18, Section 2242, Sexual Abuse, states, “Whoever…knowingly…engages in a sexual act with another person if that other person is…incapable of appraising the nature of the conduct…shall be fined under this title, imprisoned not more than 20 years, or both.” There is a long-standing consensus in the medical profession that sexual contact or sexual relations between physicians and patients is unethical. The prohibition against such was incorporated into the Hippocratic Oath: “I will come to the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons….” In no other area of medicine is the patient in such a state of emotional vulnerability as when they visit a psychiatrist or psychologist. It is a relationship in which the patient can be most easily exploited and manipulated. Yet, the American Psychiatric Association’s Principles of Medical Ethics states: “[T]he inherent inequality in the doctor-patient relationship may lead to exploitation of the patient. Sexual activity with a current or former patient is unethical.” Similarly, the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct states: “Psychologists do not exploit persons over whom they have supervisory, evaluative, or other authority such as clients/patients, students, supervisees, research participants, and employees. Psychologists do not engage in sexual intimacies with current therapy clients/patients.” Unfortunately, too many of them do not heed their profession’s codes. This is well understood by government and law enforcement: as of 2004, there have been more than 25 statutes enacted to address the increasing number of sex crimes against patients by psychiatrists and psychologists in the United States, Australia, Germany, Sweden and Israel.
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