"We were in love." "It just happened." "I pursued them as much as they pursued me." Survivors of therapist exploitation say things like this all the time, especially early on. Only later, sometimes after years, does the picture shift. Illinois lawmakers understood that pattern, and the statute they wrote reflects it.
None of what follows depends on a police report or a prosecution. A civil case examines the employer: the knowledge the practice or agency had, the knowledge it should have had and the choices it made.
The Power Imbalance Behind "Mutual"
Few relationships give one person as much insight into another as therapy does. Over months of sessions, a clinician learns what a client fears, what they crave and which words will land. When that insight is turned toward a sexual relationship, a feeling of mutual attraction is not proof of a free choice. It is frequently a symptom of the treatment being misused, and recognizing that is not a sign of weakness.
How the Statute Handles Consent
Illinois addresses this head-on in 740 ILCS 140, the Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act. Section 1 defines sexual contact and expressly applies that definition regardless of whether the patient or former patient consented.
The same section explains emotional dependence. A patient falls into that category when the patient's condition, combined with the nature of the treatment, means the therapist knows or has reason to believe the patient cannot refuse. The legal spotlight, in other words, stays on the professional's role and awareness.
Conduct the Act Reaches
A narrow reading of "sexual contact" would let many therapists off the hook, so the legislature drafted it widely. Intercourse is included, but so are kisses and deliberate touching of the breasts, buttocks, inner thighs, groin or genitals, with or without clothing in between. Even a therapist's request for such contact counts.
Before and After the Last Session
Section 2 creates the right to sue. Contact during the course of psychotherapy is plainly within it. Once therapy has ended, coverage continues in two circumstances: when the former patient was emotionally dependent on the therapist, and when the therapist used therapeutic deception by claiming that sex was consistent with, or part of, the treatment. Because the gap between the final session and the first contact affects the analysis, exact dates are worth reconstructing.
Two defenses are off the table under Section 2. A therapist cannot avoid liability by pointing out that the contact happened outside a scheduled session or at a location other than the regular office.
Where the Practice Fits In
These lawsuits usually name the employing practice or agency, with negligent retention as the most common anchor and other theories layered in as the facts allow. Section 3 makes an employer liable when it fails or refuses to act reasonably after learning, or having reason to learn, that its therapist had sexual contact with the plaintiff or with another patient or former patient. A practice that heard about an earlier client and did nothing may answer to a later one.
Supervision is part of an employer's job when it hires licensed counselors, and complaints that reach a supervisor rather than the state still leave traces. Since such employers are typically private, the immunities Illinois extends to public bodies usually do not shape the case in the same way, and the statutory claim can sit side by side with ordinary institutional liability theories.
Shielding Your Private Life
A common fear is that the defense will put the survivor's own sexual past on display. Sections 4 and 5 of the Act build a barrier. That history cannot be explored in discovery or offered at trial unless the defendant requests a hearing, presents an offer of proof and persuades the judge that the material is relevant and that its probative value exceeds its prejudicial effect. Even after such a ruling, the judge must identify precisely which information may be used. The one built-in exception allows discovery when a plaintiff alleges harm to sexual functioning.
Survivors may also request that their names be kept off the public docket.
What Survivors Often Ask Us
My therapist said our physical relationship was therapeutic. That statement can make the claim stronger, because the Act treats it as therapeutic deception.
Our relationship began after I ended therapy. Coverage is possible if emotional dependence or therapeutic deception was involved, and the timeline will matter.
No one was arrested. A civil case does not need an arrest. It runs on a lower standard of proof and is generally aimed at the employer.
Could my name appear in the news? We discuss the available identity protections with you before any filing.
How a First Call Works
There is no commitment in a phone call, and the person on the other end will not ask you to relive anything. From there, we investigate at our own expense which practice or agency bore responsibility, what it knew, which records survive and whether the filing window is still open. You hear our honest assessment and decide whether to continue. If you stop, nothing you said leaves the firm. If you continue, the firm takes over filings, deadlines, records and insurer negotiations, and can ask the court to protect your identity. Because deadlines vary with the facts, timing deserves a prompt review.
Where to Find Us
Coplan + Crane partner Ervin Nevitt, licensed in Illinois since 2014, handles these cases from the firm's Chicago office at 60 W Randolph St, Suite 333, IL 60601. Someone answers (708) 671-6858 every hour of every day.
For support that has nothing to do with a lawsuit, RAINN's hotline at 1-800-656-4673 is open 24/7 and costs nothing. Call 911 if you are in danger. Using the hotline will not affect any legal rights.
Attorney advertising. Informational content only; it is not legal advice.
