Wisconsin § 895.441 - Sexual exploitation by a therapist; action for.

§ 895.441. Sexual exploitation by a therapist; action for.

895.441(1) (1) Definitions. In this section: 895.441(1)(a) (a) “Physician” has the meaning designated in s. 448.01 (5) . 895.441(1)(b) (b) “Psychologist” means a person who practices psychology, as described in s. 455.01 (5) . 895.441(1)(c) (c) “Psychotherapy” has the meaning designated in s. 455.01 (6) . 895.441(1)(d) (d) “Sexual contact” has the meaning designated in s. 940.225 (5) (b) . 895.441(1)(e) (e) “Therapist” means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy. 895.441(2) (2) Cause of action. 895.441(2)(a) (a) Any person who suffers, directly or indirectly, a physical, mental or emotional injury caused by, resulting from or arising out of sexual contact with a therapist who is rendering or has rendered to that person psychotherapy, counseling or other assessment or treatment of or involving any mental or emotional illness, symptom or condition has a civil cause of action against the psychotherapist for all damages resulting from, arising out of or caused by that sexual contact. Consent is not an issue in an action under this section, unless the sexual contact that is the subject of the action occurred more than 6 months after the psychotherapy, counseling, assessment or treatment ended. 895.441(2)(b) (b) Notwithstanding ss. 801.09 (1) ,