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Banned, Convicted Sexual Assaulter Hypnotherapist Awarded Damages For Distress And Anxiety

By John Mesirow

I will forever think of this case when I hear anything about the European Court of Human Rights. As reported by The Argus:

[Hypnotherapist Imad Al-Khawaja] was convicted in 2004 of indecently assaulting two women, then aged 20 and 47, while they were hypnotised.

Al-Khawaja was handed consecutive 12-month and 15-month jail sentences after the jury returned unanimous guilty verdicts.

Said the Judge:

?This was an appalling breach of trust. You abused two vulnerable woman in your charge and under your control. You have not expressed any remorse for the distress you caused.?

About that remorse ...

When a disciplinary panel met in December to decide if he should be banned from medicine, Al-Khawaja sent them a letter quoting television comedian Catherine Tate: ?Look at my face, am I bothered??

Do you have a pulse? His 2 appeals within the United Kingdom were unsuccessful. But wait! What about the European Court of Human Rights? While they didn't overturn his convictions, they awarded him 6,000 euros (about $8,000 US) plus attorney's fees. And why would they do that?

Because he ?inevitably suffered a degree of distress and anxiety as a result? of not being able to cross examine one of his accusers, whose written statement was read to the jury, but was not able to testify in person because she committed suicide before the trial! I still can't believe any court would give this man - who inflicted so much suffering - money for his "distress and anxiety." Here's the source.

Full post as published by Legal Juice on February 10, 2009 (boomark / email).