Thursday, September 6, 2012

Sex With Former Patient Criminal Statute Constitutional In New Hampshire

The New Hampshire Supreme Court has reversed a trial court order dismissing a criminal charge against a licensed psychologist who engaged in a consensual sexual relationship with an adult to whom he had provided therapy, within one year of the termination of the professional relationship.

The court found that the state statute that imposes strict felony liability for such conduct did not violate the Federal or State Constitutions.

A dissent relies on the United States Supreme Court's decision in Lawrence v. Texas in concluding that the statute is unconstitutional as applied to the defendant as it imposes "strict liability ion the therapist even when the 'protected' partner was actually capable of giving or refusing consent and did, in fact, freely give it..." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/09/sex-with-former-patient-criminal-statute-constitutional-in-new-hampshire.html

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