The Psychotherapist's Third-party Liability for Sexual Assaults Committed by his Patient

Abstract

Since the landmark Tarasoff decision, courts have expanded third-party liability to psychotherapists for the harm done to others by patients in their care. While this is an issue which affects all psychotherapists, it has particular importance for those treating sexual offenders. Recent advances in assessment techniques provide the psychotherapist with a more accurate profile of the patient and his potential victim(s). While this improvement in diagnostic accuracy affords greater potential for more focused treatment, it may also increase the psychotherapist's risk for incurring liability should the patient recidivate during treatment. This article examines some of the possible legal implications relevant to treating the sexual offender.