Doctor – Patient

Under the Criminal Sexual Conduct Statute, “medical treatment” includes care by a psychologist or other health-care professional. While it is true that a psychologist, unlike a psychiatrist, is not a medical doctor, the criminal sexual conduct statute is not intended to narrowly apply only to medical doctors.

DEFINITION: DOCTOR – PATIENT

• Force or coercion – for purposes of this charge includes:

When the actor engages in the medical treatment or examination of the accuser in a manner or for purposes that are medically recognized as unethical or unacceptable.

Charge of: SEXUAL INTERCOURSE UNDER PRETEXT OF MEDICAL TREATMENT

Any person who shall undertake to medically treat any female person, and while so treating her, shall represent to such female that it is, or will be, necessary or beneficial to her health that she have sexual intercourse with a man, and shall thereby induce her to have carnal sexual intercourse with any man, and any man, not being the husband of such female, who shall have sexual intercourse with her by reason of such representation. This charge can be found under MCL 750.90.

PENALTY

CRIMINAL SEXUAL CONDUCT, DOCTOR – PATIENT

The charge of Criminal Sexual Conduct First Degree, Doctor – Patient, is punishable by imprisonment up to life or for any term of years. MCL 750.520b(1)(f)(iv).

The charge of Second Degree Criminal Sexual Conduct, Doctor – Patient is punishable by imprisonment up to 15 years in prison.

The charge of Third Degree Criminal Sexual Conduct, Doctor – Patient, is punishable by imprisonment up to15 years in prison.

The charge of Fourth Degree Criminal Sexual Conduct, Doctor – Patient, is punishable by imprisonment up to 2 years in prison.

*The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

BLANK LAW, PC EXAMPLE – DOCTOR PATIENT

A 15 year old girl went with her mother to have her eyes examined. The minor went into the room without her mother. The eye doctor had to adjust the vision goggles so that the minor could properly be tested. The eye doctor adjusted the seat the girl was sitting on so the minor could be high enough to see in the goggles. Once the examination was completed, the minor alleged that when the doctor was making all of his adjustments, he inserted his finger into her vagina. The doctor was investigated and charged with First Degree Criminal Sexual Conduct.

An 18 year old male went to his doctor for a refill of Suboxone. The doctor told the male that in order to write a new prescription for Suboxone, the doctor had to do a full body checkup. As a result of that encounter, the male alleged that the doctor slid his penis into his anal opening. The doctor was investigated and charged with First Degree Criminal Sexual Conduct.