Conviction of a Psychiatrist for Exploiting the Dependence of his Patient

Facts

The case concerns a long-term psychotherapeutic treatment, in which the psychiatrist Dr. med. [Y.] increasingly crossed boundaries during the course of the therapy and eventually entered into a sexual relationship with his patient A. The public prosecutor's office brought charges against [Y.] for exploiting a state of distress or dependence pursuant to Art. 193 para. 1 SCC.

The lower court acquitted [Y.] of the charge, as it denied the existence of a sufficiently strong relationship of dependence and an exploitation by Y. The public prosecutor's office and patient [A.] then filed an appeal.

Considerations

The Federal Court overturned the judgment of the lower court and convicted [Y.] of exploiting the dependence of his patient pursuant to Art. 193 para. 1 SCC.

The court stated that there had indeed been a relationship of dependence within the meaning of Art. 193 para. 1 SCC between [Y.] and his patient A. This resulted from the duration and nature of the treatment, the deep relationship of trust, and the successive boundary crossings and violations by [Y.] towards his patient.

Even though [A.] had…