Ohio § 2307.63

§ 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.