I’m sorry to be reporting that Maryland did not pass the bill to criminalize sexual abuse of mental health patients, though the bill requiring background checks of mental health professionals did pass. Despite what must be a very disappointing outcome for the supporters, I do believe that Heather Sinclair’s tireless efforts to get Lynette’s Law passed have brought and will continue to bring about significant education and awareness on the topic of therapist abuse, which is something we truly need.

Lynette’s Law supporters disappointed therapy abuse will not become crime

April 09, 2013 at 6:35 am

Heather Lynette Sinclair led the fight to make sexual abuse of mental health clients a crime. She was successful in establishing a civil requirement for therapist background checks.

By Becca Heller

Becca@MarylandReporter.com

After a difficult few months of fighting to pass Lynette’s Law — a bill to prohibit sexual abuse by therapists — Heather Lynette Sinclair and bill co-sponsors got less than half of what they wanted.

Of the two bills they sought, only HB 56, a civil initiative requiring background checks for mental health therapists and counselors, was passed just days before the 2013 session came to a close.

Its partner bill, HB 60, to make sexual abuse of mental health clients a crime, was never given a vote in the Senate Judicial Proceedings Committee.

Chair of committee raises concerns

“The committee has a lot of concerns with the bill,” said Sen. Brian Frosh, chair of the committee. “You’re talking about any therapist — anybody who falls in that category — runs the risk of losing their license if they have any form of intimate contact with their client. That’s a pretty severe consequence.”

Frosh also brought up the issue of age and consent. Whether an emotionally vulnerable client could ever truly consent — regardless of age — was a point of contention, and Frosh was concerned about making sexual relations between consenting adults a crime.

Therapist board benefits from fine fees

Supporters of the bill are crying foul after a late discovery that the Board of Professional Counselors and Therapists — the bill’s primary opposition — had more to lose than its authority.

The board can collect fines of up to $10,000 from a therapist found in violation of the code of ethics.

“They’re actually making money now, and they wouldn’t be able to do that if they made it a crime,” said Del. Michael Smigiel, R-Cecil, who sponsored both bills. “It gives the public appearance that [the board] would rather fine the sex offenders who are having sex with their clients than punish them criminally.”

Representatives of the board could not be reached for comment Monday evening before the Maryland General Assembly adjourned its annual session at midnight.

Sinclair to start support group

The General Assembly has killed similar bills in the past, and ignored the recommendations of a task force to take action to tighten up disciplinary process in the mental health field.

“After reading that, I’m not so sure that this legislation — no matter how it’s drafted — will ever be successful,” said Sinclair.

Throughout the legislative process, Sinclair was painfully aware of how strongly the board was lobbying senators and delegates against the bill.

“The chair of the board was going up to committee members and telling them that this was a personal issue for me and that I was a rare case,” said Sinclair. “She was trying to make it sound like I was the only one out there [who had experienced therapy abuse], but I’m not. I’m the face of thousands of others just like me.”

For now, Sinclair has decided to take a step back from the legislative process, and is looking at other ways to provide support for victims of therapy abuse.

“Just this past week three more women came forward — in Maryland — to talk to me about their experiences with [therapist abuse],” said Sinclair. “I think I’m going to start a support group so that they will at least have some form of help. I think we’re just going to group together and try to help each other as much as we can.”

Delegate will bring back bill

Smigiel, however, was deeply impacted by Sinclair’s story of abuse and said he will push the cause next year.

“Heather has done a phenomenal job,” Smigiel said. “She’s taken quite a blow emotionally because she was very invested in this and it’s very hard. Hopefully with a little time off, she’ll get her gumption back up. Regardless, I’m going to fight the battle until it’s over.”

Read more: http://marylandreporter.com/2013/04/09/lynettes-law-supporters-disappointed-therapy-abuse-will-not-become-crime/#ixzz2QIpFEm7r
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Thoughts From Another Survivor

by ACraig on March 4, 2013

Hi, my name is A. Craig, and I’m the person joining Kristi as author and administrator for www.SurvivingTherapistAbuse.com.   Born and raised in the northeast, I currently live in the mid-Atlantic region of the country. Like Kristi’s, my background is eclectic and includes university study in psychology, biology and chemistry, and literature.  I am a woman “of a certain age [very certain],” who used to be a champion sidewalk roller skater (over tree roots, even); and, yes, my skates had a key.  I have worked for many years as a professional writer and editor and as an assistant in a large international law firm.

A reader of Kristi’s blog since she began it in 2009, I have marveled at what she went through and especially at how she survived, and even thrived, in her recovery.  And, although our experiences of therapist abuse occurred far apart in time (mine was in the early seventies), their similarities are sometimes striking.  (It seemed kind of comic to me, all these years later, to recall that I, too, had a shocking supermarket encounter.)

Kristi’s goals for the Surviving Therapist Abuse website were solid from the start:  “First, to bring awareness and attention to the issue of therapist abuse, exploitation, and professional sexual misconduct by providing a survivor’s perspective; second, to offer resources for those who may need help or support.”  These goals are extraordinarily important; it is vital to continue meeting them.  So when I learned that I might have an opportunity to contribute to Kristi’s blog and, ultimately, to help write and administer SurvivingTherapistAbuse.com, I jumped at the chance.

In the years immediately after I got away from my abusive therapist (who found a way to become my therapist, my college instructor, and my abuser — all at the same time), I had a relatively brief period of therapy with an ethical practitioner.  But then I ran out of money and had to go it alone.  I fought against suicidal ideation, anxiety by the truckload (probably undiagnosed PTSD), and isolation  —  and lots of consequences of all those.  For more than a year, I came down with an autoimmune disorder.  Work life and social life were difficult and unreliable.  There were only two people I could talk to about the experience.  One was another victim of the same psychologist, and the other could sometimes listen but rarely, I feared, understand.  The topic of therapy in itself frightened my family, and therapist abuse was regarded as “my fault”; I was called “a tramp.”  Talking about mental illness was forbidden.  A few years in, I told a boyfriend I was starting to trust about what had happened; he “forgave” me.  I stopped telling anyone.

It was a long, hard time.  I lived alone and primarily worked alone.  I talked to my houseplants, not for their sake, but for my own.  It wasn’t until years later that I finally initiated some real contact with the larger world.  I started a “real” job and finally obtained some functional health insurance.  Then the revelations about abusive priests and the Roman Catholic hierarchy that protected them started appearing in the Boston Globe.  All the old neurochemical wounds from the abuse were “triggered.”  For a while, I stopped sleeping.  Finally, my health insurance allowed me to find a therapist — an experienced, ethical professional who had, as the referring doctor remarked, “excellent boundaries.”  Now, years later, I can safely claim that I have learned a lot.  I hope that what I have to contribute will be of help to the readers of this blog.

I look forward to reading about your experiences and your viewpoints, and to replying to your comments.  And I’ll share some of my own experiences as a survivor as well.  Like Kristi, I am neither a therapist nor an attorney; however, I am not a stranger to this territory.

As I’ve thought about how therapist abuse is handled (and mishandled) in our various environments, a number of related issues have emerged that I think might be discussed to help broaden the blog’s reach while maintaining its foundations.

  • Is any organization or entity (state or national) keeping track of how many patients are abused by their therapists in a given year?  Has the total decreased in those states that have criminalized therapist abuse?
  • How do the licensing boards of mental health professionals (psychology, medicine, social work, etc.) function?  What are their various goals?  How are they supported?  How are they governed?
  • How many attorneys around the country serve victims of therapist abuse?  How many of them work on a contingency basis (that is, require payment only if the suit succeeds)?
  • What relationships (economic and otherwise) exist between licensing boards and state legislatures?
  • Do licensing boards support legislative efforts to categorize therapist abuse as a criminal violation?
  • What do members of the ethical therapeutic community believe motivates abusive therapists to make the decisions they do?  As Dr. Phil might put it, “What do they tell themselves that makes it OK for them to use their patients?”
  • How do members of the ethical therapeutic community respond, on a professional level, to reports of therapist abuse?  On a personal level?
  • Does it seem to good therapists, as it does to me, that the reputation of mental health care practitioners could only be improved by the passage of laws that would make sexual contact between therapists and their patients a criminal offense?
  • Have the legislatures that have passed laws criminalizing therapist abuse had support from professional organizations that represent practitioners of the professions most often involved in abuse?
  • Professional organizations (e.g., American Psychological Association, American Psychiatric Association, National Association of Social Workers) all have ethics policies barring sexual contact and other boundary violations between mental health care practitioners and their patients.  But do they put any “muscle” behind those proscriptions?

Please feel encouraged to write to Kristi and me with your “take” on these topics and others of interest to you.  Together, I think we can continue to make a difference.

A. Craig

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A New Year, A New Voice

January 28, 2013

Hi Everyone, Happy New Year! The beginning of the year can be a time for change and renewal. As it happens, some changes are coming to the Surviving Therapist Abuse website and I want to fill you in. I’m finding that as I progress in my healing process and move forward in my life, my focus is shifting away [...]

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Please Support this Website!

November 23, 2012

Do you value the content and resources on the Surviving Therapist Abuse website? Consider making a donation to support the site. Currently, the webhosting and domain name fees for the site run approximately $125-$150 per year. While this may not seem like a large amount, it is money that must be paid in order to keep [...]

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Amanda de Cadenet on Why Women Stay in Abusive Relationships

August 24, 2012

I read a great article on the Huffington Post by Amanda de Cadenet, about why women stay in domestic abuse situations. While it may not be relevant to all of you, for those who are finding it hard to leave abusive therapists, the article might ring a few bells. Domestic Abuse: Why Women Stay Amanda [...]

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A Success in New York! Lawmakers Pass Bill to Close Therapist Sex Abuse Loophole

June 21, 2012

Yes! Check it out on NBC New York: After I-Team Investigation, Lawmakers Pass Bill to Close Therapist Sex Abuse Loophole Law would make reporting of statutory rape mandatory for therapists and mental health counselors By Chris Glorioso and Tom Burke Thursday, Jun 21, 2012 The New York State Legislature has passed a bill that would [...]

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Taking Action Against Your Therapist — Whatever Your Feelings Are

May 28, 2012

A while back, I received an email from a survivor of therapist sexual abuse. She and I had been in touch, and she was struggling with her feelings about her former therapist and about taking legal action against him. She wrote: The conflicting feelings that I have come and go on a regular basis. One day I am [...]

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NBC New York I-Team: Lawmaker Wants Therapist Sex Abuse Loophole Closed

May 19, 2012

For those of you living in New York, you may want to check out this article and add your voice to this process: A state assemblyman is drafting legislation that would close a legal loophole, first reported by the I-Team, that keeps statutory rape complaints about psychotherapists from being forwarded to law enforcement by the [...]

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Petition to “Stop Therapist Abuse Now” on Change.org

April 19, 2012

Today on Change.org I discovered a petition to introduce a bill in Maryland called “Lynette’s Law.” The woman who drafted the petition, Heather Sinclair, alleges that she was a victim of therapist abuse by a man who was a convicted felon. Sinclair hopes to pass a law in Maryland that would require all therapists to [...]

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“Scars” – A guest post

January 8, 2012

The following is a guest post from Ellie Eaton, a member of our community. Ellie offered to share this wonderful piece of creative writing with us. You can also find this piece on the Survivor Creativity page. Scars by Ellie Eaton I fell this week in my classroom. I landed hard, and got a large [...]

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