Abuse of patients: doctor receives prison sentence

Abuse of patients: doctor receives prison sentence

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

A doctor from Rastede was sentenced to three and a half years in prison by the Oldenburg Regional Court for sexual abuse. Particularly reprehensible: the patients were under osteopathic treatment due to the violent experiences of the physician.

The district court of Oldenburg considered it proven that the doctor had exploited the inability to resist at least one patient and used it to satisfy their own sexual needs. The doctor was originally accused of having abused three patients between the ages of 29, 39 and 45 between November 2003 and May 2004 a total of six times. The accused had always denied the allegations and claimed that the sexual contact had taken place by mutual consent. The defense lawyer had pleaded for acquittal in court from the start.

Doctor commits sexual abuse to patients The women were under osteopathic treatment because of their sexual experiences of violence. Osteopathy is based on close physical contact with the therapist, since it is usually examined and treated with the hands. However, the doctor apparently was up to something other than healing the patients. He used the women to satisfy his needs - always with the consent of those affected, as the defendant assured in court. The fact that the women were classified as “unable to resist” due to their traumatic experiences, as the psychological reports revealed during the trial, apparently did not matter to the doctor. The doctor continues to practice today, but must now prepare for a multi-year break and the loss of approval (treatment approval).

Medical doctor asserts his innocence Although the Oldenburg district court remained below the four years and eight months required by the public prosecutor and the co-plaintiff, the presiding judge, Hans-Georg Kaemena, nevertheless sent 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 addressed the defendant directly during the reasoning. The 50-year-old doctor, however, has apparently not been able to identify any wrongdoing and emphasized: “I cannot live with this judgment. I am innocent". Harald Wostry, the defendant's lawyer, called the verdict a compromise verdict "that (...) has nothing to do with case law" and announced in the courtroom that it would be revised.

Abuse proven in a patient Last but not least, the defense counsel spoke of a compromise judgment, since two of the patients were judged by the court to be quite capable of resisting and the doctor was acquitted of the corresponding charges of sexual abuse. However, the third patient suffered from an attested inability to resist, which the doctor had used for his sexual needs, the court ruled. Because she had been abused by her father for years, the 45-year-old went to the accused for 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, the judge emphasized. The defendant's assertions that the sex was consensual and that he had a love affair with the patient, however, referred the court to the "realm of fantasy". (fp)

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