It absolutely applies, and the therapist could sue. Confidentiality agreements or policies do not shield clients from consequences for illegal actions.

So the therapist definitely has real-world recourse just like any other individual would - we can't commit crimes against them with impunity simply because of the therapeutic relationship.

But what's more important to me is the idea of trust. If we go to therapy and act covertly, deceptively, we're damaging the necessary foundation of trust and not giving ourselves a full opportunity to benefit from the process. Just because we feel scared doesn't entitle us to violate laws or ethical principles. Sure, we *can* do it, but I don't think fear is any justification for dishonesty and moreso, I think it's a sign that the process is hindered.

That's not to say the therapy will be a complete failure, it clearly will vary, but if we're taping our therapist without their knowledge... we're not really giving ourselves or them the opportunity to build a good working partnership, because that underlying deception and weakness on our part is always there, underneath.