A fine alone was not severe enough, stated the representative of the public prosecutor's office on Friday during the second trial against a physiotherapist from northern Luxembourg, who had previously been accused of having sexually harassed one of his patients.
The man had been accused of grabbing a young woman's breasts without her consent in his office in June 2017. In October 2019, the Diekirch court sentenced the man to pay a fine of €2,500. The court also decided that the woman should receive €750 in damages. In addition to the fine, the defendant now also risks a three-month prison sentence on probation.
The representative of the public prosecutor's office stressed that while the matter of a potential occupational ban was not of importance in this particular trial, a second trial on this question was pending in Diekirch. The main issue in that case was whether the defendant had touched the woman's nipples.
According to the testimony of the woman, the defendant had suddenly stopped explaining his actions and started to massage, among other things, her breasts and nipples. She stated that at the time, she felt unwell, and was so taken aback by what was happening that she had the impression that she was paralysed.
The representative of the public prosecutor's office also pointed out that the testimony of the woman was consistent, in contrast to that of the defendant. The latter was to this day annoyed with the situation and denied any malicious intent behind his actions. The representative of the public prosecutor's office also thinks that the court should determine aggravating circumstances as the sexual harassment was committed by a medical professional who abused his authority.
The woman's lawyer stated that he was especially appalled by the act, as patients go to see a physiotherapist in order to get better.
The defendant declared at the beginning of the session that he had appealed the previous court's decision because all of his actions had been purely professional. He did admit that he may have focused too much on the chest area of his patients during certain therapy sessions and expressed his apologies for this. However, the woman had not given him any sign that she was no longer agreeing with what he was doing, he stressed.
Upon enquiry by the representative of the public prosecutor's office, the defendant denied having touched the woman's breasts and nipples. The defendant's lawyer also argued that this was the main issue of the trial. The woman's bewilderment as well as her feeling that she was being harassed was opposed to the fact that the defendant had no intention of touching her inappropriately in any way, according to the lawyer, who thus asked the court to acquit his client.
The Court of Appeal will pass its verdict on this case on 22 December.
