Doctor is sexually harassing his patients
Dear Mrs Macaulay,
How does one handle a situation where it is alleged that a male medical doctor is making remarks of a sexual nature to female patients?
A friend told me that two young women told him about it. I happen to know both women and they don’t strike me as the type to make unsubstantiated allegations such as this. Both of them have said that they just wouldn’t go back to this doctor again. Should the Medical Association of Jamaica be informed and would they do anything about it? Or is this considered to be a criminal matter?
The first thing which I must state about this matter, is that I conclude obviously that the remarks were unwelcome to the women and they made this clear to the doctor. It must also clearly be understood that sexual harassment is a form of discrimination. Though both men and women can be perpetrators of conduct which can be so categorised, the majority of those harassed are in fact women. This is hardly surprising, as once the conduct relates to sex and the exercise of power and control, the actors are largely male and the recipients (I am trying not to use the word “victim”) generally female. Please do not misunderstand me, it must be recognised that some men are the “recipients” /”victims” of women who engage in sexual harassment – the percentage is however, quite small when compared with that of women. However, the numbers seem to be growing with the passage of time, but whether this is because the incidents by women actors are actually increasing or whether the male recipients are speaking out more or making more open reports is unclear.
Sexual harassment can occur from only one incident or from several incidents repeating the same unwelcome conduct of a sexual nature or the same with added more detailed components or addendums of other conduct. For example, if, as in this case, the conduct complained of is verbal and gestures and movements are added to them, or something in writing or pictorial material is shown to the recipients; or the most frequent, physical contact is added to the mix. The basic thing which must be borne in mind is that the conduct must be unwelcome. The effect of such conduct on the recipient which is unwelcome is often, inter alia, grievous humiliation, unworthiness, fear, depression and general trauma.
Anyway let me come to your specific questions.
The first – how one handles such a situation. Well, the recipient of such conduct should at once make it clear that the doctor’s remarks were not in any way appreciated by her. She could demand a withdrawal and apology of the remarks. If these are done and the person is satisfied then well and good. If they have to see that doctor again, they could also demand a firm undertaking the conduct will not be repeated ever again.
It should be added that these demands must be met or a report would be made to the Medical Association of Jamaica (MAJ). Frankly, I think that a report should not be conditional. It should be done in every case of sexual harassment by a doctor of a patient. I merely give the option, as there may be instances when that doctor is the only one available to effect continued treatment of a particular condition. Yes, their report of the conduct immediately to a friend was good practice and they could also have complained of it to the doctor’s nurse when leaving in disgust. I would also advise that a full note is made of what happened, including the date and time that she was there for a consultation by appointment; the actual words used by the doctor, her response if any, the effect on her and what she did thereafter and the fact that she does not feel able to attend for any further treatment, as a result. You see, memories are not reliable. Even though one may think that the experience was so bad that you will never forget any of the facts, one does with the passage of time. It may be that we have to either forget the whole or parts of or rewrite parts of a painful or upsetting experience in order to live on an even keel. Whatever the reason, it is better not to rely on one’s memory but to write it all down as soon after the incident as we can, so that the note can be referred to later to refresh our memory.
The fact that these women have said that they would not go back to him, clearly proves the adverse effect his remarks had on them. They should have and I venture to hope that they still can make a report to the MAJ. This is the body which has the statutory authority to deal with all forms of misconduct by members of the medical profession. This is presently the only avenue open to these two women, as there is presently, no legal provisions which deal with sexual harassment. It will not fail under the criminal law provisions, as I am reasonably sure that his remarks were sexually suggestive and not abusive.
The powers that be have decided to further delay the passage of sexual harassment legislation and have in place thereof a national policy on it. Well, a policy can be followed if institutions etc decide to follow it and generally the “victim/recipient” will not thereunder receive a remedy. But a law denotes the mischief and states the remedy. A law must be obeyed by all and if properly implemented, when breached, the consequences provided for a breach are imposed. So we have no law now.
Your second question was whether the MAJ would do anything – I answer this in the affirmative. This type of conduct by doctors to their patients is frowned upon by the profession generally. It is considered as one of the big no-nos! The MAJ will act and its members should be put in a position to exercise their statutory power to ensure that the highest standards of good conduct is maintained by members of their profession. By not reporting these incidents to the MAJ, it has and is being deprived of the opportunity of policing the profession and thereby protecting the general reputation on its members.Margarette May Macaulay is an attorney-at-law and a Women’s and Children’s Rights Advocate. Send questions and comments via email to allwoman@jamaicaobserver.com or macaulaymargarette@yahoo.com
