Sexual Misconduct Charges Against Therapists and DCF Staff in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

Sexual Misconduct by a Psychotherapist (§ 491.0112)

Instruction 11.18: the State must prove that you committed sexual misconduct with the person; that you were a psychotherapist; and that the person was your client, or a former client whose professional relationship was ended primarily to engage in sexual contact.

• Psychotherapist is broad. It covers Florida-licensed physicians, osteopathic physicians, nurses, psychologists, and clinical counseling and psychotherapy professionals, and anyone who provides or claims to provide treatment, diagnosis, assessment, evaluation, or counseling of mental or emotional conditions.
• Sexual misconduct means oral, anal, or female genital penetration by, or contact with, the sexual organ of another, or anal or female genital penetration by any object.
• The client's consent is not a defense.

Third-degree felony (up to 5 years and $5,000). A second or later offense is a second-degree felony (up to 15 years and $10,000). It is also second-degree if done by therapeutic deception: telling the client that sexual contact is consistent with or part of treatment.

Sexual Misconduct With a Patient by a DCF Employee (§ 394.4593(2))

Instruction 11.28: you engaged in sexual misconduct with the person; the person was a patient in DCF custody or residing in a receiving or treatment facility; and you were a DCF employee. Employee includes paid staff, volunteers, interns, contractors, and anyone providing care on DCF's behalf. Sexual misconduct is any sexual activity between an employee and a patient, including fondling and non-contact acts, regardless of consent. Second-degree felony.

The statute does not apply to an employee legally married to the patient, or one with no reason to believe the person was such a patient. Acts for a bona fide medical purpose and lawful internal searches are excluded.

Failing to Report (§ 394.4593(5)-(6))

Employees who witness or reasonably suspect sexual misconduct must report it immediately to the DCF abuse hotline and local law enforcement. Knowingly or willfully failing to report, preventing a report, or submitting false or incomplete information is a first-degree misdemeanor (up to 1 year and $1,000). Coercing or threatening someone to change testimony or a report is a third-degree felony. Instruction 11.29 carries this offense's title, but its published text repeats the misconduct elements of 11.28.

Registration

§ 394.4593(2) is on Florida's sexual offender registration list. § 491.0112 is not. A conviction can still affect your professional license. See License Defense.

How We Defend These Cases

• Was there a covered relationship? Client, former client, or patient status, and when it ended.
• What actually happened? These cases often rest on one person's account.
• Records and messages. Treatment notes, scheduling, and texts.

What to Do First

1. Do not contact the client or patient.
2. Do not give a statement to police, an investigator, or your employer without a lawyer.
3. Call us about both the criminal case and your license.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and Sex Crimes Defense.

Frequently Asked Questions

The client was an adult and agreed. Is that a defense?

No. Both statutes say consent is not a defense.

I'm not licensed. Can I be charged as a "psychotherapist"?

Yes, if you provided or claimed to provide counseling or treatment for mental or emotional conditions.

The relationship started after therapy ended. Is that a crime?

For a former client, the State must prove the professional relationship ended primarily to engage in sexual contact.