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Original Articles

Sexual Boundary Violations: The Role of Legal Prohibitions

Pages 226-235 | Published online: 21 Jan 2015
 

Abstract

The options for redress currently in place for victims of sexual boundary violations reflect a growing public awareness of the incidence of the behavior and the potential for harm associated with it. Acknowledgment of the problem by professional organizations dates back 2,500 years to the Hippocratic Oath. More recent developments in the area of professional regulation and prohibitions of sexual boundary violations by professional organizations, legislators, and the judiciary grow out of an increased understanding of the fiduciary nature of the professional relationship. Identifying and examining the duties and obligations that arise from the fiduciary relationship sheds significant light on the development of the options available to victims of sexual boundary violations. The spectrum of potential remedies is wide and encompasses a variety of objectives and outcomes. The lawsuit for malpractice can result in a significant monetary outcome for the victim that is not available through other options. A close examination of such a lawsuit exposes its underlying elements, its strengths and weaknesses, and gives a deeper understanding of the dynamics of the legal process. Knowing the range of options available provides useful information for the practitioner from whom a victim seeks guidance. The landscape continues to change and trends emerge in the areas of civil liability law, legislative initiative, and professional rules and regulations. Understanding the historical and theoretical underpinnings of the remedies currently available to victims of sexual boundary violations is essential to helping victims through the difficult process of choosing a path to recovery.

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