Sex and the massage therapist
laycockd at umich.edu
Mon Jan 8 12:39:22 PST 2007
Many universities ban or strongly discourage romantic relationships
between faculty members and students under their supervision.
Quoting jure.toplak at uni-mb.si:
> Is anyone aware of any other laws that ban consensual sexual
> relationship between any two adult people? For instance, between
> university professor and an adult student? Doctor and a client?
> and a church-goer?
>> In re Fjellman, 2006 WL 3147575 (Minn. Off. Admin. Hrgs. Sept.
>> authorizes disciplinary action against a massage therapist for
>> sexual relationship with an ex-client several months after she
>> treating him. (They married a year later.)
>> Minnesota law bars a wide range of "health care practitioner[s]" -
>> including massage therapists (I mean the legit ones, not
>> claiming to be masseuses) - from "Engaging in sexual contact with
>> complementary and alternative health care client or former
>> "former client" covering any client who has gotten services from
>> practitioner "within the past two years." Fjellman raised a
>> constitutional objection, but the administrative agency concluded
>> it "lacks authority to declare a statute unconstitutional on its
>> and that Fjellman had to raise the question in court. I don't know
>> whether Fjellman plans to litigate this further.
>> The law also covers people who practice "(1) acupressure; (2)
>> anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral
>> therapy; (6) culturally traditional healing practices; (7)
>> detoxification practices and therapies; (8) energetic healing; (9)
>> polarity therapy; (10) folk practices; (11) healing practices
>> food, food supplements, nutrients, and the physical forces of
>> cold, water, touch, and light; (12) Gerson therapy and colostrum
>> therapy; (13) healing touch; (14) herbology or herbalism; (15)
>> homeopathy; (16) nondiagnostic iridology; (17) body work, massage,
>> massage therapy; (18) meditation; (19) mind-body healing
>> naturopathy; (21) noninvasive instrumentalities; and (22)
>> Oriental practices, such as Qi Gong energy healing." Minn. Stat.
>> Any thoughts on whether this violates the Lawrence v. Texas right,
>> when applied to couples who marry within the two years, the right
>> marry? (I understand why the government might want to bar sexual
>> conduct between psychotherapists and patients or even former
>> especially recently former patients. But massage therapists seem
>> far removed from psychotherapists. They don't try to give advice
>> a person's life, they aren't generally privy to the patient's
>> secrets. They aren't trusted by the patient for guidance, other
>> perhaps guidance about specific maladies of the sort that massage
>> fix. It's hard to see how a sexual relationship between a massage
>> therapist and a former patient is especially likely to be
>> Sure, there's some risk of psychological manipulation and other
>> behavior - but no more, I think, than in any relationship between
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Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109-1215
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