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Litigating Sexual
Misconduct Cases -- A Plaintiffs' Attorney's Perspective
B. Incidence and Harm
In the early 1970s, studies in the United States began to document the prevalence of
physician-patient sexual contact and its consequences. The earliest comprehensive study,
conducted by Kardener and others, surveyed psychiatrists, obstetrician/ gynecologists,
surgeons, internists and general practitioners.[10]
Up to thirteen percent of the respondents reported that they had engaged in erotic
behavior with patients, ranging from sexual intercourse (7.2%) to kissing.[11]
Following the Kardener study, other studies were conducted, notably by Holroyd &
Brodsky,[12] Gartrell and others,[13] and Pope and others.[14] Holroyd & Brodsky and Pope documented the
incidence of sexual contact among psychologists while Gartrell focused on the
psychiatrist-patient relationship. Pope concentrated on the harm that was caused by
psychologists' sexual involvement with patients. Feldman-Summers and Jones surveyed
psychologists to determine the effects of sexualized contact by therapists and other
health care providers on their patients.[15] Patients
who had engaged in sexual contact with their health care provider suffered from
"mistrust of and anger toward men" and had significantly more symptoms after
termination of treatment.[16] Other effects of the
sexual contact included anger, shame, humiliation, depression, and anxiety.[17] Feldman-Summers and Jones found that injuries
caused patients by providers' sexual contact did not differ significantly between
therapists and other health care providers: the damage resulting from breach of trust that
occurs in either situation manifests itself in similar ways.[18] A 1992 study by Gartrell and others reaffirms prior
findings.[19]
Between eighty-seven and ninety percent of the patients who have sexual contact with
their therapist are damaged.[20] Injuries include
sexual dysfunction, anxiety disorders, psychiatric hospitalizations, increased risk of
suicide, depression, dissociative behavior, internalized feelings of guilt, shame, anger,
confusion, hatred, inability to trust and feelings of worthlessness.[21]
For many victims, realizing that they are harmed and that the therapist was the cause
of their harm takes years. Only four to eight percent of victims ever report the sexual
contact.[22]
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Exploitation
