Category Archives: psychiatric rape

Bill pending in Louisiana legislature would make psychotherapist sex with patients a crime

BATON ROUGE — A Lafourche Parish lawmaker has introduced legislation that he said would better define the sexual boundaries that should be applied to psychotherapists and their patients.

Rep. Dee Richard, no party affiliation, Thibodaux, said he attempted to take the issue in from several different angles when drafting House Bill 226.

The legislation is expected to be debated during the regular session that convenes Monday.

SIGN THE PETITION IN SUPPORT OF HOUSE BILL 226, TO MAKE THERAPIST SEXUAL CONTACT A CRIME IN LOUISIANA: http://chn.ge/10i7tXs

“When you are under a psychotherapist’s care, you are very vulnerable,” Richard said. “There are a lot of cases out there where sexual contact occurred and it did not end well. This is something we should do a better job of avoiding.”

Richard’s bill would create a new crime that prohibits “sexual contact by a psychotherapist.”

It would not only target psychotherapists but also any person who “fraudulently represents himself as or purports to be a psychotherapist.”

The proposed law would apply more specifically to psychiatrists, psychologists, licensed clinical social workers, mental health counselors and “any other person who provides or purports to provide treatment, diagnosis, assessment, evaluation, or counseling of any mental, emotional, behavioral, or addictive illnesses, disorders, symptoms, or conditions.”

As the bill is drafted, none of these individuals would not be allowed to engage in sexual contact with a client or patient, current or former.

Richard’s bill goes into great detail as to what constitutes a sexual act and seeks to cover a wide array of sexual scenarios.

”Some people may have a problem with the bill, in terms of consensual sex, and I am trying to address that,” Richard said.

SIGN THE PETITION IN SUPPORT OF HOUSE BILL 226, TO MAKE THERAPIST SEXUAL CONTACT A CRIME IN LOUISIANA: http://chn.ge/10i7tXs

Under the bill, a psychotherapist would be allowed to have sexual contact with a former client as long as it occurs one year after their professional medical relationship ends.

There must also be a paper trail showing that the psychotherapist referred the former patient to an “independent and objective psychotherapist, recommended by a third-party psychotherapist, for treatment.”

According to the legislation, the consent of the patient alone “shall not be a defense.”

The penalties for breaking the proposed law would be imprisonment for no more than 10 years, a fine up to $10,000 or both.

If the sexual contact occurs by means of “therapeutic deception,” the bill calls for a maximum of 15 years in prison, a $20,000 fine or both.

Therapeutic deception, as defined in the bill, means a representation by a psychotherapist that sexual contact is “consistent” with part of their patient’s treatment.

Richard said a local constituent brought the idea for the legislation to him, and the person is expected to testify during the regular session although the person was not prepared to be interviewed this week.

The legislation has been assigned to the House Administration of Criminal Justice Committee.

SIGN THE PETITION IN SUPPORT OF HOUSE BILL 226, TO MAKE THERAPIST SEXUAL CONTACT A CRIME IN LOUISIANA: http://chn.ge/10i7tXs

Source: Jeremy Alford, “Bill examines psychotherapists’ sexual relationships with patients,” HoumaToday.com, April 6, 2013.

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UK psych nurse accused of sexual assault of female patients

A male nursing assistant told a mental health patient that he would put her “in the book” if she did not allow him to sexually assault her, a court heard today.

Foday Chorr, 46, is accused of sexual assaulting two female patients at Eastbourne District General Hospital  between June 10 and 21 last year.

Opening the case at Lewes Crown Court, prosecutor Michael Riley described the two women as “vulnerable” and having “mental health issues”.

In one incident, the victim said Chorr walked into her room and asked her what relaxed her, Mr Riley said.

She answered that when she had been pregnant she liked to have her feet massaged and Chorr offered to do this for her.

Mr Riley told the jury: “(The victim) said she didn’t want him to, that she was just answering the question.

“He said he would put her ‘in the book’ and report her as being obstructive… if she didn’t let him do it.”

Mr Riley said Chorr, from Shropshire, then proceeded to massage her feet and move his hands up and down her legs.

He added: “She felt she had to comply with the threat… he was a nurse at the hospital, she was a mental patient. She froze, she was shocked.”

Chorr then kissed her before leaving.

The following night, a similar incident occurred except that, when he touched her legs, his hands moved further towards her thigh.

The victim reported the incident after she was discharged and was asked to fill out a questionnaire about her four-day stay at the hospital.

In a second case, the victim made her complaint hours after it happened, Mr Riley said. She was in her bed reading when Chorr came into her room late at night, the jury was told.

Chorr said he was going to tickle her and she said she did not want him to. He then tickled her feet and moved his hand up and down her leg before leaving.

Mr Riley said: “She said she felt scared and shocked.” Chorr then came back a second time and touched the victim on her thigh.

On his third visit that night, the victim awoke to find her covers off, her nightgown lifted up and Chorr standing at her bedside, while she had no underwear on.

He told her to “cover up”.

Mr Riley said on the third occasion, the victim claimed Chorr also touched her leg and pubic area.

“She was scared and didn’t think she could do anything about it before (Chorr) had left.”

Chorr, of Shorncliffe Drive, Shrewsbury, denies five counts of sexual assault on the two female patients while working as a psychiatric nursing assistant at the hospital.

The trial, before Judge Richard Haywood, continues.

Source: Eastbourne psychiatric nurse sexually assaulted two patients, court hears, The Argus, September 24, 2012.

Psych nurse admits sexual assault; patient wants judgment against mental hospital

A McArthur woman who is suing a former nurse/supervisor at a local mental hospital has asked a judge to grant her partial summary judgment in the case.

The woman, who has asked for damages of more than $2 million, claimed in her suit, filed last December, that Ryan E. Blaine, a former employee of the Appalachian Behavioral Health Center, had inappropriate sexual contact with her in January and February 2011 when she was a patient there.

After the Ohio State Highway Patrol investigated the woman’s allegations, Blaine pleaded guilty to attempted patient abuse, a fifth-degree felony. He was ordered to relinquish his nursing certificate, and placed on three years’ probation.

In addition to Blaine, the lawsuit named five “John Doe” defendants who were working for the Ohio Department of Mental Health, alleging that when the plaintiff complained about Blaine’s actions, the other employees “drugged (her) and subjected her to isolation, telling her that she fabricated the… events of which she complained.”

In asking Athens County Common Pleas Judge Michael Ward to grant partial summary judgment, the woman’s attorneys, Richard V. Zurz and Martin S. Delahunty, cite a number of facts they say are not in dispute, because Blaine has failed to respond to a set of questions filed by the plaintiff, asking for admissions of fact.

These include the fact that Blaine has admitted he was a supervisor at ABH when the woman was there; that he had access to her medical chart; that she was a patient under his care; that he engaged in improper sexual conduct with her; and that he pled guilty to a felony charge stemming from this conduct.

“The foregoing admitted facts constitute violations of Ohio law and constitute an assault and abuse of a patient under Ohio law,” the motion alleges.

The plaintiff has alleged among other claims that Blaine committed assault and patient abuse, and that he violated her constitutional right to be “secure in her person.” Each claim, her attorneys maintain, is supported by the undisputed facts they have cited.

“The defendant’s admissions in conjunction with the laws of the state of Ohio clearly provide that the plaintiff has proven the elements necessary to allow summary judgment” on the first six claims in her lawsuit, the motion argues.

Therefore, Zurz and Delahunty have asked Ward to rule in their client’s favor, and to schedule a hearing on how much she deserves in damages.

When The Athens NEWS sought comment in December 2011 on the lawsuit, a spokesperson for the ODMH said she could not comment on pending litigation involving one of the agency’s facilities. The lawsuit does not name ODMH itself as a defendant.

Source: “Woman wants judgment in mental hospital lawsuit,” The Athens News, July 18, 2012.

This would not be the first time a psychiatrist weasled his way into a patient’s business…or her undergarments

INSTEAD of hearing details of the intimate relationship between psychiatrist Ray Berard and patient Sylvia Ireland, the Health Professions Council of South Africa (HPCSA) heard reasons why the hearing should be postponed.

The professional conduct inquiry was expected to go ahead yesterday and today, but Berard’s representative, Graham van der Spuy, instead argued for a postponement to allow for more preparation time.

In July 2008 Ireland wrote to the HPCSA accusing her former psychiatrist of having used her therapy sessions, for more than two years, to have sex.

Her husband Stuart Ireland, a high-profile businessman in the beauty industry, was footing the bill for the sessions.

Stuart Ireland died two years ago while attempting to obtain a divorce, citing her affairs and lavish spending as reasons for the end of the marriage.

Sylvia Ireland said Berard used his position as her psychiatrist and marriage counsellor to prescribe her a number of drugs, blackmail her into having sex, control her marriage, and go into business with her husband.

According to the news magazine Noseweek, Stuart Ireland appointed Berard as a director of his company Prestige Cosmetics while the psychiatrist continued to send erotic SMSes to Sylvia Ireland.

Sylvia Ireland then confessed details of the affair to her husband, prompting Berard to resign as director.

Dressed all in black with a leopard print jacket, Ireland stared straight ahead throughout the hearing at the Belmont Conference Centre in Rondebosch, Cape Town, yesterday, avoiding eye contact with Berard.

According to the charge sheet, Berard was guilty of unprofessional conduct in that, during the period October 2005 until February 2008, he had a doctor-patient relationship with Ireland.

The charge sheet said Berard had “Misused the position of trust and confidence towards your patient by entering into an intimate physical relationship with her and/or having sexual intercourse with her.”

The hearing continues.

Source: Michelle Jones, “Bid to delay psychiatrist’s sex case,” Independent Online, URL: http://www.iol.co.za

French psychiatrist sentenced to eight years prison; told patients it was part of treatment

A former psychiatrist in the Loire-Atlantique region of France was sentenced to eight years in prison on Friday for raping three of his patients. Charles Caillé, 68, told female patients the abuse was part of their treatment.

He was tried for rapes committed against three women in his care between 1998 and 2000.

A fourth patient filed a complaint against Caillé in October 2009, but the case could not be brought to trial since the alleged rapes took place more than 10 years earlier.

“He’s a liar and a manipulator but also a pervert and predator,” said prosecuting attorney Yves Gambert. “He used his intelligence to satisfy his sexual desires.”

Caillé admitted “mistakes” but denied raping his patients, claiming that the sex was consensual.

“I ask my victims for forgiveness, I’m not proud of myself,” Caillé told the court, sobbing, as the jury prepared to deliberate its verdict. “I want to thank my patients for accusing me. It enabled me to see how far wrong I had gone.”

Source: “Former psychiatrist jailed for raping patients,” RFI, March 18, 2011.

Mental health counselor William L. Riedel sentenced to 35 years prison for drugging and molesting 11-year-old girl

On February 11, a judge sentenced a Mesa (Arizona) man to 20 years in prison for sexual exploitation of a minor and 15 years in prison for child molestation, attempted child molestation, attempted sexual exploitation of a minor and unlawful administration of drugs.

In addition to that prison time – the sentences will run back to back – William Lewis Riedel also got lifetime probation on two other charges.

Riedel, a former family counselor, was arrested in January 2008.

According to investigators, Riedel, who was 43 at the time, convinced his then girlfriend to give her 11-year-daughter sleeping pills – they told the child they were allergy pills – and then the couple took pictures as they molested her. This happened in 2006 and went on for three months.

It all came to light nearly two years later when the daughter of Riedel’s new fiance found the pictures on Riedel’s computer. She told her mother and the mother contacted the police.

Investigators confiscated the computer and found a variety of disturbing images or Riedel with the victim. They said the victim appeared to be drugged or unconscious in all of the pictures. Police said they also found other images depicting child pornography.

Riedel allegedly told investigators he “groomed” the victim’s mother, teaching her and encouraging her to take part in the molestation.

Riedel eventually pleaded guilty to the counts for which Maricopa County Superior Court Judge Paul McMurdie sentenced him.

Source: Catherine Holland, “Mesa man gets 35 years in child molestation case,” http://www.azfamily.com, February 11, 2011.

California psychiatrist David Neal Glaser gets probation for “romantic-sexual relationship” with patient; prescribing without exams

On November 17, 2010, the Medical Board of California placed psychiatrist David Neal Glaser on probation for two years with terms and conditions.

The circumstances of this action involve charges of gross negligence and prescribing without appropriate examination and medical indication, among other things.

According to the Board’s documents, Glaser treated a female patient whom he met at a social gathering in December 2003 and with whom he carried on a romantic-sexual relationship for approximately a year.  Glaser did not treat the patient/girlfriend in his office and did not keep usual and customary treatment records on her, save for one which was “a compilation of information obtained over a period of ‘several months’.”

Glaser prescribed the patient a preparation used to prevent/terminate an unwanted pregnancy but did not have any records to support the use of this agent; no evidence of having performed a history or physical examination or even the use of a pregnancy test to substantiate the need for the agent, among other things.

Further, Glaser’s aforementioned single reatment note for the patient contains diagnoses in absence of documentation, substantiation, testing, etc.

The state’s document contains several other similar examples of Glaser’s negligent treatment of the patient in lieu of substantiation.

Source: Stipulated Settlement and Disciplinary Order and Accusation in the Matter of David Neal Glaser, M.D., Physician’s and Surgeon’s Certificate Number G 40041, Case No. 17-2007-184665, Medical Board of California Department of Consumer Affairs, filed December 14, 2009.