Monday, August 16, 2010

Can i (my parents) sue my ex-therapist? if so, how?

I am a 13 year old girl in the state of california, and i am in a (no longer sexual) relationship with a 16 year old boy. I had a therapist and i told her about my sexual relations with this boy and she (under the guise of mandated reporter) reported the case to the local police. This event happened almost a month ago and it has completely changed my life in a negative way. my parents dont trust me, my teachers dont trust me, it has stressed me out beyond belief and that has impacted my schoolwork and magnified my already suicide-prone depression. Would it be possible for me to sue my ex-therapist? according to my current therapist it was not something she was mandated to report. (the ';crime'; was [consensual] penetration by a foreign object that object being fingers.)Can i (my parents) sue my ex-therapist? if so, how?
Probably not, but make sure you understand exactly what a therapist must report. If you don't want something reported then don't tell the therapist.Can i (my parents) sue my ex-therapist? if so, how?
The therapist is actually required by law to tell the police if he/she thinks you are in danger. It sucks, I know but the legal system is messed up.





Also you cannot sue someone when your under 18. Technically your parents would have to sue. Again, another stupid law!
NOPE! Your current therapist is wrong and she should be replaced. Because you are a minor of only 13, you are too young to consent to any sexual activity at all and your therapist had a duty to report this to the police. And if she didn't report your sexual abuse, she could have gone to jail herself. Further, if your current therapist actually thinks you can ';consent'; to any sexual touch at the age of 13, they can't be trusted as they may have ulterior motives, or she is a complete moron and doesn't know the law. And as for suing your ex-therapist, your parents can't sue her on your behalf and you can't sue her either, even when you turn 18, as she has done nothing wrong in reporting your victimization. All that will happen is that the case will be dismissed with prejudice and you or your parents will be made to pay her legal bills.





Now as for the issue of trust. IF you want to be trusted, you must obey the law as it applies to you, as well as obeying your parents and your teachers. If you do not, you will not be trusted. And when you lose their trust for YOUR bad actions (you had to know that sex was not right at your age), it may be a long time before you get it back again, if ever. And now that your parents and teachers know that you were involved with illegal underage sex, they will be far more vigilant of you...as they should be. And if they have to take strong measures to protect you from yourself, especially from this pedophile 16 year old, they will. This extra vigilance may be uncomfortable and embarrassing to you but you too have a duty to obey the law and if you do not, you will be made to do so!





Finally, I know you are only 13 but rather than blame your ex-therapist as the root of your current problems, you need to take accountability for what you did and what you permitted a 16 year old boy to do to you. You should have said no and if he did it anyway, you should have told your parents right away. And regarding your ';suicide-prone depression';, that does not give you an excuse for breaking the law, nor does it entitle you to do so. If you break the law, you must be stopped and protected if necessary. And if I were your parents, I would place you in a locked psychiatric facility until the source of your ';suicide-prone depression'; was discovered and treated.





Good luck and God bless!





CAL. PEN. CODE 搂 288 : California Code - Section 288: ';(a)Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.';


http://codes.lp.findlaw.com/cacode/PEN/3鈥?/a>





CAL. PEN. CODE 搂 288.3 : California Code - Section 288.3: ';a)Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.';


http://codes.lp.findlaw.com/cacode/PEN/3鈥?/a>





CAL. PEN. CODE 搂 288.4: California Code - Section 288.4: ';(a)(1)Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.';


http://codes.lp.findlaw.com/cacode/PEN/3鈥?/a>

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