Ohio § 2307.63

Full text of Ohio Ohio Revised Code § 2307.63, with citation guidance and answers to common questions.

§ 2307.63.

(A) In an action for assault or battery brought against a mental health professional

that asserts as a claim that, while the plaintiff was a mental health client or patient

of the mental health professional, the mental health professional engaged in sexual

conduct with, had sexual contact with, or caused one or more other persons to have

sexual contact with the plaintiff, the consent of the plaintiff to the sexual conduct

or sexual contact is not a defense to the claim unless either of the following applies: (1) At the time of that sexual conduct or sexual contact, the plaintiff was the spouse

of the mental health professional. (2) The mental health professional proves by a preponderance of the evidence all of the

following: (a) At the time of the sexual conduct or sexual contact, the plaintiff was not emotionally

dependent upon the mental health professional. (b) The plaintiff did not submit to the sexual conduct or sexual contact because of therapeutic

deception by the mental health professional or because the mental health professional

falsely represented to the plaintiff that the sexual conduct or sexual contact was

necessary for medical or mental health purposes. (B) As used in this section: (1) “ Emotionally dependent ” means that the emotional condition of a mental health client or patient of a mental

health professional and the treatment provided by the mental health professional to

the client or patient are of such a nature that the mental health professional knows

or has reason to know that the client or patient is unable to withhold consent to

one or more of the following: (a) Engaging in sexual conduct with the mental health professional; (b) Having sexual contact with the mental health professional or having sexual contact

caused by the mental health professional with one or more other persons. (2) “Mental health client or patient” has the same meaning as in section 2305.51 of the Revised Code . (3) “Mental health professional” has the same meaning as in section 2305.115 of the Revised Code . (4) “Sexual conduct” and “sexual contact” have the same meanings as in section 2907.01 of the Revised Code . (5) “ Therapeutic deception ” means a representation by a mental health professional that one or more of the following

is consistent with or part of the treatment for a mental health client or patient

of the mental health professional: (a) The client or patient engaging in sexual conduct with the mental health professional; (b) The client or patient having sexual contact with the mental health professional or

having sexual contact caused by the mental health professional with one or more other

persons.

Frequently Asked Questions About Ohio § 2307.63

What does Ohio Revised Code § 2307.63 cover?

Section 2307.63 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Ohio § 2307.63?

A common citation format is "Ohio Revised Code § 2307.63" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Ohio law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.

How does Ohio § 2307.63 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.