PHOENIX, arizona CRIMINAL DEFENSE ATTORNEy for sexual misconduct

Sexual misconduct, which can be found in ARS 13-1418, is a serious class 6 felony in Arizona. It’s an offense specific to health care professionals, including behavioral health professionals, psychologists, and psychiatrists. In Arizona it is illegal for any licensed behavioral health professional to engage in sexual intercourse with their patients or clients – regardless of whether the relationship is perceived as consensual.

The law only applies while there is a doctor-patient relationship. Once the patient or client has finished their course of treatment or is no longer a patient, the behavioral health professional is no longer beholden to any relationship restrictions.  

According to the AMA, any romantic relationships with patients, even former patients who are no longer under the behavioral health professional’s care, are problematic. Mental health professionals may be in a position to use private and personal knowledge of the patient to influence or manipulate them.

Even if there aren’t legal consequences for behavioral health professionals participating in romantic or sexual relationships with past patients, there may be professional or career consequences.

Penalties for Sexual Misconduct in Arizona

People convicted of a class 6 felony can be sentenced to prison for between 6 months and 1.5 years. If it’s the offenders first felony conviction, they will be eligible for parole. Mental health professionals who engage in sexual misconduct may also face disciplinary action from licensing bodies and may have their ability to practice revoked.