Elements

A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred: (1) During the time when the patient was receiving therapy from the therapist; (2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or (3) Both subdivisions (1) and (2). Acts 1995, ch. 463, § 4. A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred: (1) During the time when the patient was receiving therapy from the therapist; (2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or (3) Both subdivisions (1) and (2). Acts 1995, ch. 463, § 4.