19.7 Sex with Clients

• Jurisdiction: Arizona

19.7 Sex with Clients. Sexual relations between a mental health professional and a client is one of the leading causes of tort litigation against mental health professionals.²⁷ Sexual relations between a mental health professional and a client are strictly forbidden and may result in criminal liability,²⁸ as well as disciplinary action against the professional’s license.²⁹ The duty to refrain from sexual relations with a client may even extend to a period after treatment with the mental health professional is concluded.³⁰

Sexual relations between mental health professionals and clients are generally not covered by malpractice insurance. Exemptions to coverage have been upheld against challenges as void against public policy.³¹ There is authority for the proposition that where the alleged sexual misconduct was “in the course of and inseparable part of the professional services rendered,”...