On Nov. 7, 1991, I was sexually abused by a physical therapist. I began going to his office on Oct. 1, 1991, because I had injured my back. Part of my treatment was to receive a back massage. My initial visit on Oct. 1 included consultation with him, and he gave me a back massage. After that visit, female staff members gave me a number of back massages.
However, at one visit, the physical therapist came into the room when I was having a conversation with a female who was massaging my back about being single, 50 years old, and dating. After that, he gave me back massages.
On the Nov. 7, 1991, back massage, I was wearing a gown that tied in the back and my bra had been removed. I was lying on my stomach, and the gown was untied.
On that date, the physical therapist pulled down my underpants roughly and tucked a towel in them to keep massage cream from getting on my clothes. Usually, I wore slacks and the towel would be tucked into them. However, that day, I had a meeting and had worn a black suit, which I’d taken off.
The physical therapist began massaging my back. But, then, he touched one of my breasts. I was shocked, but I thought it might have been an accident. Then he massaged my back some more. Then he touched my other breast. He continued to massage my back, alternating touches to each breast. He touched my breasts about six times, massaging me then abusing me by touching my breasts. He didn’t talk to me when he was abusing me.
I didn’t know what to say or do. I have never been sexually abused. I was afraid that if I asked him what he was doing or tried to stop him that he would yell at me or hurt me.
When he left, I reached around to my back with each arm to feel if the breasts were located in such a position that it was likely that they could have touched accidentally during a massage. I concluded they weren’t.
I called the physical therapist’s office and canceled the rest of my appointments, telling the receptionist why. She didn’t respond in any way. I wrote to him and told him how outraged I was that he had physically abused me. I told him I wouldn’t pay for an appointment in which he abused me. He didn’t follow my request not to send the bill for the visit to my insurance company. I sent a copy of my letter to my insurance company.
I also sent a copy of my letter to David L. Schenkar, M.D., the orthopedic doctor who referred me to the physical therapist. Here’s what he had to say:
I have received a copy of the letter you sent to xxx; your claim is a very serious one which obviously has great implications on your relationship and his professional status. Frankly, I am surprised to read your description since such behavior by xxx would be the furthest from my mind if I were to think about the many people who have been so pleased with his care.
Please be advised that I cannot and will not make any comments about this situation since I have no objective data.
I also told Lonnie Lowe, the chiropractor I was working with, about Schenkar’s letter. Lowe said he had discussed my charges against the physical therapist with Schenkar. Schenkar said he was going to throw my letter away. Lowe told him it might be best if he kept the letter in my file.
Lowe was the only person that I talked to about the abuse who thought it was a serious matter and was at all sympathetic.
On March 28, 1992, I filed a complaint with the Washington State Health Department’s Board of Physical Therapy. I had thought that telling xxx’s staff, two health care providers and my insurance company about the abuse would stop xxx from further abusing patients. I realized it probably didn’t have any effect.
On June 29, 1992, I was interviewed by Jim Jackson, an investigator hired by the department. He explained the process to me and I told him what happened.
On Nov. 20, 1992, I called the City of Tumwater Police Department. I talked to Bruce Brenna who said detective Ford or Davis would investigate my charges. Brenna said they would contact others and may contact me. I don’t recall hearing from either detective.
On Feb. 26, 1993, Jackson, the department’s investigator, interviewed me again.
Jackson said a male member of the board, to who my case had been assigned, wanted to know the “nature of the touching” of my breasts and my bra size.
I told Jackson the physical therapist would massage my back then reach over and touch my breast. He did it six times, three times on each breast. I showed him with my hands, massaging then reaching over to touch my breasts.
I told Jackson my bra size, asking why he wanted to know that. He said wasn’t it obvious? It wasn’t clear to me. The only thing I could think of was that Jackson and the board member thought the only way the physical therapist would have been able to touch my breasts would be if I had large breasts. It was just crazy. I felt like I was being abused again.
I talked to Jackson for five to 10 minutes.
Then I sat and listened to Jackson talk about his job and his investigations for 20 minutes. He talked about his work, the speeches he gives, how Hippocrates said 2,000 years ago it was wrong to sexualize patients. He talked about how the world is modern, but we still have problems with sexual abuse. He went on and on.
Jackson said he’d get the information to the board right away from the second interview so my case could be decided. However, that didn’t happen.
Carol Neva said my complaint would be settled at the March 1993 board meeting. However, when I called her on March 20, 1993, she said they hadn’t received the information from Jackson yet.
I had to call and call and call to get the board to make a ruling on my complaint. It took more than two years to get a decision.
I received a letter from the board dated May 27, 1994, stating its decision at a May 1994 meeting:
After careful consideration of the information provided, the board has determined that xxx’s activities as a licensed physical therapist were within the boundaries of appropriate physical therapy care and has determined that no violation of statutes or professional conduct principles occurred during the course of your physical therapy treatment.
I considered filing a lawsuit, but I didn’t have the money to do it. I would have had to spend the money I’d saved for the down payment for my house. Although it made me angry to not get justice, it wasn’t worth giving up my home for it. Also, the attorney’s offices I talked to weren’t at all interested in my case. One woman said it would be a conflict because she knew “Dr. xxx.” He treated one of her clients. I don’t know why she referred to him as a doctor. He’s not a doctor, he’s a physical therapist.
The Washington State Department of Health failed me many times. The staff members didn’t seem concerned about the seriousness of my complaint. They made me feel like I was wrong to even bring this up. The investigator the department hired was unprofessional.
When I decided to write this article, I called the department to see what other complaints had been filed against the physical therapist who had abused me. After six weeks, I was told there were two items filed, but they had been destroyed in accordance with the department’s retention policies. The only information Nathaniel Hile, forms and records analyst for the department, sent me was the physical therapist’s application for a physical therapy license and the granting of the license.
I called the Tumwater Police Department recently to see what they had found from their investigation. I was told the records hadn’t been retained.
All in all, I felt like I didn’t have support from anyone. Particularly disappointing was the response from the Washington State Department of Health. I complained about the investigator they hired. However, the department didn’t cancel his company’s contract. Years later when a harassment complaint was filed where I worked, here came Jim Jackson again; the man who determined the sexual abuse didn’t happen to me because I don’t have big enough breasts.
I would hope that if my complaint were filed today, I would have received a more objective analysis of my allegations.
