One of the most damaging things an abusive psychiatrist can say is that the contact is good for you. A patient struggling with intimacy is told that physical closeness will help. A trauma survivor is told that touch will "reprocess" old wounds. Someone in a depressive episode is told that the doctor alone understands them. Coming from a physician who prescribes their medication and holds their history, these claims can sound like medicine. They are not, and Illinois law says so plainly.
You can explore a claim without having filed a police report, and the psychiatrist does not have to have been charged. In civil court, the inquiry looks at the employing practice, hospital or facility: what it knew, what it ought to have known and how it responded.
The Legal Name for This Tactic
The Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act, 740 ILCS 140, gives this conduct a name: therapeutic deception. It describes a provider representing that sexual contact is consistent with, or part of, the patient's treatment. The Act's definition of psychotherapist expressly includes physicians, so psychiatrists who provide psychotherapy are within its scope.
Therapeutic deception does more than describe the abuse. Under the Act, it is one of the grounds that extends coverage to sexual contact occurring after treatment has ended.
Why "I Agreed" Does Not End the Analysis
Many survivors carry guilt because they went along with it, or even believed at the time that they wanted it. The statute anticipates this. Its definition of sexual contact applies whether or not the patient or former patient consented. It also recognizes emotional dependence, a state in which the patient's condition and the nature of treatment mean the provider knows or has reason to believe the patient cannot withhold consent. The focus belongs on the professional who held the power, not on the patient who trusted them.
What Counts
The Act defines sexual contact well beyond intercourse. Kissing is included, as is intentional touching of the genital area, groin, inner thigh, buttocks or breast, even over clothing. A request by the provider for such contact also falls within the definition. And the Act rejects two common excuses: contact is not defended by the fact that it took place outside a session or away from the usual office.
The Institution Behind the Psychiatrist
A claim is typically brought against the practice, hospital or facility, not just the individual. Negligent supervision most often carries these cases, with other theories joining it depending on what the evidence shows. Section 3 of the Act adds statutory liability for an employer that fails or refuses to act reasonably after knowing, or having reason to know, about its provider's sexual contact with the plaintiff or with any other current or former patient.
Those organizations are usually private, so the Illinois Tort Immunity rules for public bodies do not govern in the same manner, and the ordinary institutional liability questions apply.
Outside Records Can Help
Because physicians are licensed by the Illinois Department of Financial and Professional Regulation, complaints and discipline involving a psychiatrist may be on file with the state as well as with the employer. A pattern of similar complaints can corroborate a survivor who was told their abuse was therapy.
When the Spell Breaks
Recognition often comes late. A new therapist reacts with alarm. A friend hears the story and names it for what it is. A news article describes a familiar pattern. That delayed realization is common, and it does not mean you were foolish. It means the deception worked the way it was designed to.
Answers for Survivors
My psychiatrist convinced me it was healing. Does that hurt my claim? It can help it. The Act treats that representation as therapeutic deception.
There was no arrest or prosecution. A civil claim does not need one. It is judged on a lower standard of proof and is usually aimed at the institution.
It was years ago. That is the norm in these cases, not the exception. Your age at the time, who was responsible and the details all matter.
Would my name appear in court papers? Protections for your identity can be sought, and we review them with you before filing.
If You Reach Out
A phone call to us binds you to nothing. The person who answers will not press you for details. Should you want us to look further, we investigate without cost which organization was responsible, what it knew, what records exist and whether there is still time to act. You receive a frank assessment and make the decision. Choosing not to proceed closes the matter confidentially. Choosing to proceed means we carry the filings, deadlines, records and insurer negotiations, and we can request protections for your identity.
Our Office
Coplan + Crane, 60 W Randolph St, Suite 333, Chicago, IL 60601. Partner Ervin Nevitt has held his Illinois license since 2014. The phone line, (708) 671-6858, is staffed 24 hours a day, every day of the year.
RAINN's hotline, 1-800-656-4673, offers free and private support whenever you need it. Anyone in immediate danger should call 911. Calling the hotline leaves your legal rights intact.
Attorney advertising. General information, offered without legal advice for any specific situation.
