Abuse of Patient Doctor Receives Prison

Doctor receives three and a half years in prison for sexual abuse of patients

23/03/2011

Because of sexual abuse, a doctor from Rastede was sentenced by the district court of Oldenburg to three and a half years in prison. Particularly reprehensible: The patients were due to severe experiences of violence in the physician in osteopathic treatment.

The Oldenburg district court considered it proven that the doctor had exploited the incapacity of at least one patient and abused it to satisfy their own sexual needs. The physician was originally accused of having abused three patients between the ages of 29, 39 and 45 years six times between November 2003 and May 2004. The defendant had always denied the allegations and claimed that sexual contact had taken place amicably. In court, the defense lawyer had pleaded for acquittal from the beginning.

Doctor commits sexual abuse to patients
The women were due to sexual violence experiences in osteopathic treatment in the now convicted doctor. Osteopathy is based on a close physical contact with the therapist, as it is usually examined and treated with the hands. However, the doctor obviously was up to something else than the healing of the patients. He used the women to satisfy his needs - always with the consent of those affected, as the defendant assured in court. That the women because of their traumatic experiences, however, as „incapable of resistance“ as the psychological reports revealed in the course of the trial apparently did not play a role for the doctor. The physician practices to this day, but now has to adjust to a multi-year compulsory break and the loss of the license to practice (treatment approval).

Medical doctor assures his innocence
Although the district court of Oldenburg kept its punishments under the four years and eight months demanded by the public prosecutor's office and by-laws, the presiding judge, Hans-Georg Kaemena, nonetheless sent out a clear signal. Even if the judgment endangers the professional existence of the doctor, the sentence is justified. „They have discredited their profession“, The presiding judge turned directly to the accused during the verdict. The 50-year-old physician was apparently unable to recognize any punishable misconduct by himself and emphasized: „I can not live with this judgment. I am innocent“. Harald Wostry, the defendant's lawyer, called the verdict a compromise verdict, „that (...) nothing to do with jurisdiction“ has and announced in the courtroom to go in revision.

Abuse in a patient has been proven
Not least of all, the defender speaks of a compromise verdict because two of the patients were judged thoroughly capable of resistance by the court and the doctor was acquitted of the corresponding charges of sexual abuse. However, the third patient suffers from a certified incapacitation, which has exploited the physician for his sexual needs, the verdict of the court. Because she had been abused for years by her father, the 45-year-old had gone to the defendant in treatment. This further aggravated the suffering of those affected by exploiting their helpless situation for their own sexual interests, said the presiding judge, Hans-Georg Kaemena. Today, the woman is a broken personality and a heap of misery, stressed the judge. The assurances of the defendant that the sex had been consensual and he had a love affair with the patient, however, the court referred to „Realm of fantasy“. (Fp)

Picture: Rike