Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 43.93

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 43.93

(a) For the purposes of this section the following
definitions are applicable:
   (1) "Psychotherapy" means the professional treatment, assessment,
or counseling of a mental or emotional illness, symptom, or
condition.
   (2) "Psychotherapist" means a physician and surgeon specializing
in the practice of psychiatry, a psychologist, a psychological
assistant, a marriage and family therapist, a registered marriage and
family therapist intern or trainee, an educational psychologist, an
associate clinical social worker, or a licensed clinical social
worker.
   (3) "Sexual contact" means the touching of an intimate part of
another person.  "Intimate part" and "touching" have the same
meanings as defined in subdivisions (f) and (d), respectively, of
Section 243.4 of the Penal Code.  For the purposes of this section,
sexual contact includes sexual intercourse, sodomy, and oral
copulation.
   (4) "Therapeutic relationship" exists during the time the patient
or client is rendered professional service by the therapist.
   (5) "Therapeutic deception" means a representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the patient's or former patient's
treatment.
   (b) A cause of action against a psychotherapist for sexual contact
exists for a patient or former patient for injury caused by sexual
contact with the psychotherapist, if the sexual contact occurred
under any of the following conditions:
   (1) During the period the patient was receiving psychotherapy from
the psychotherapist.
   (2) Within two years following termination of therapy.
   (3) By means of therapeutic deception.
   (c) The patient or former patient may recover damages from a
psychotherapist who is found liable for sexual contact.  It is not a
defense to the action that sexual contact with a patient occurred
outside a therapy or treatment session or that it occurred off the
premises regularly used by the psychotherapist for therapy or
treatment sessions.  No cause of action shall exist between spouses
within a marriage.
   (d) In an action for sexual contact, evidence of the plaintiff's
sexual history is not subject to discovery and is not admissible as
evidence except in either of the following situations:
   (1) The plaintiff claims damage to sexual functioning.
   (2) The defendant requests a hearing prior to conducting discovery
and makes an offer of proof of the relevancy of the history, and the
court finds that the history is relevant and the probative value of
the history outweighs its prejudicial effect.
   The court shall allow the discovery or introduction as evidence
only of specific information or examples of the plaintiff's conduct
that are determined by the court to be relevant.  The court's order
shall detail the information or conduct that is subject to discovery.

Last modified: January 12, 2009