Sex with clients counsellor 'serious risk'

A counsellor who developed sexual relationships with female clients is a serious risk to the New Zealand public, says Deputy Health and Disabilities Commissioner Tania Thomas.

In a report issued today following an investigation, Ms Thomas identified Damian Peters, who she said showed a total lack of insight into his actions.

Mr Peters had caused harm to another under the guise of being a professional counsellor, which was unacceptable, she said.

"To provide false information during this investigation is to shirk responsibility for one's actions.

"To refuse to comply with lawful instructions is true arrogance," Ms Thomas said.

Mr Peters had neither set nor maintained professional boundaries when he counselled a client, identified as Ms A, from August 2004 to August 2006, Ms Thomas said.

"Instead he gradually blurred the boundary between their therapeutic and personal relationship to the point where counselling sessions in his professional office were followed by sexual intercourse.

"Mr Peters' knowledge that Ms A was a vulnerable client - having suffered sexual abuse in the past - compounds the seriousness of his behaviour." It wasn't the first time Mr Peters had been before the Health and Disabilities Commissioner (HDC) over a sexual relationship with a client.

In February 2004 the commissioner found he had breached the Code of Health and Disability Services Consumers' Rights.

"The earlier case also involved a breakdown of professional boundaries, whereby Mr Peters blurred the line between his personal and professional relationship with the client," Ms Thomas said.

"Mr Peters hugged the client after their first session, then kissed her in a sexual manner after she confessed her attraction to him.

"Shortly thereafter, Mr Peters began a sexual relationship with the client, which was conducted at the client's house and in Mr Peters' consulting room after counselling sessions.

"Although the timeline of the first case was relatively shorter, there are disquieting similarities between the earlier case and the present one," Ms Thomas said.

In the latest case, Ms A had applied to Work and Income for a grant to start her own business.

A Work and Income representative felt she was experiencing anxiety and problems with sleeping, and referred her to Mr Peters for counselling to assist her to overcome her anxiety, which was related to past sexual, physical and verbal abuse.

When Ms A first met with Mr Peters he stated he was a member of the New Zealand Association of Counsellors (NZAC), the New Zealand Association of Neuro Linguistic Programming (NZANLP), and the New Zealand Hypnotherapists Association (NZHA).

But both the NZAC and the NZHA, now known as the New Zealand Association of Professional Hypnotherapists said Mr Peters had never been a member of their organisations, and NZANLP said he had ceased to be a member in April 2004.

Ms Thomas said her office wrote to Mr Peters in May 2007 advising him of the complaint from Ms A and the decision to investigate.

On June 4, 2007, he replied via email, saying he was now living in London "and what do you expect me to do from over here".

He failed to respond to requests for information but finally, in September 2008 Mr Peters provided Ms A's counselling notes.

Ms Thomas said he had not denied entering into a sexual relationship with Ms A while providing counselling services for her.

The HDC contacted New Zealand Customs and found that Mr Peters had left New Zealand on December 29, 2006, and returned on January 8, 2007. When he sent an email in June 2007 stating "I now reside in London", he was in fact in New Zealand.

Ms Thomas said Mr Peters' conduct was a severe departure from acceptable standards and a flagrant breach of the Code.

She referred her findings to the Director of Proceedings who did not pursue a claim before the Human Rights Tribunal.

Copies of the report have also been sent to the NZAC, the NZANLP, the New Zealand Police and Work and Income.

A copy of the report was placed on the HDC website.

Mr Peters has practised in both the Wellington region and Auckland. Ms Thomas said that she did not know where Mr Peters was now practising.

- NZPA