Is a caregiver criminally liable if they have consensual sex with an of-age client, who is physically but not mentally disabled?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a caregiver criminally liable if they have consensual sex with an of-age client, who is physically but not mentally disabled?

The following took place in Indiana. A home nursing caregiver was hired and
assigned to provide service to a client in their home. The client is an adult,
with physical but no mental disabilities. The caregiver and the client had
consenual sexual relationships, and the client later reported it to the company.
Is the caregiver liable criminally?

Asked on November 3, 2016 under Criminal Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is not a criminal act, if the client is of age, is mentally competent, and consented. However, it may be a violation of the caregiver's duties or obligations under the standards for his/her profession (much depends on whether he or she has some professional licensing or certification, like a LPN, since there are different standards for different license/certifications) and, if so, the caregiver could be disciplined by his or her profession, such as by having his or her license suspended or revoked. And unless he or she has a written employment contract preventing him or her from being fired in this situation, his or her employer could terminate him or her--or do anything "less than" termination, like suspending, reducing hours or pay, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption