Being sexually assaulted or abused by someone in a position of trust can be a tremendous violation -- especially when you're abused by a physician or medical professional you've trusted with your most intimate of medical issues. Unfortunately, not all states have laws specifically criminalizing sexual abuse by physicians; although Mississippi lawmakers are currently considering a measure that would provide the state with the ability to prosecute doctors and medical professionals who prey on patients, there are no anti-groping laws in place yet. Read on to learn more about this proposed legislation and your options under current Mississippi law.

What are lawmakers currently considering to criminalize sexual misconduct among physicians? 

The Mississippi Board of Medical Licensure (BML) recently voted to decide whether to back legislation that would allow the BML to pursue criminal charges (in addition to license suspension or revocation) for physicians found to have committed sexual misconduct against patients. Although not all on the BML are in favor of such legislation, the board has unanimously chosen to take a formal vote on this measure -- and given a recent journalism series on a variety of medical abuses in Mississippi and a nationwide survey ranking this state 51st when it comes to protecting patients from abusive physicians, it seems likely that some legislation will soon be introduced. 

If passed, this legislation would give the BML the power to levy criminal charges against physicians accused of sexual contact with patients instead of just suspending or revoking their licenses to practice medicine. Granting these extra enforcement powers could go a long way toward minimizing the number of attacks on patients reported each year and give victims a much better sense of closure. Because of the power imbalance between physicians and their treated patients, along with certain medications or anesthetics that can lower inhibitions or affect memory, it can be almost impossible for a patient to freely consent to sexual activity. These changes to Mississippi state law would recognize this fact and punish physicians even more severely than laypeople who commit sexual assault due to patients' vulnerable position.

What are your options under Mississippi law if you've been sexually assaulted or abused by a medical professional? 

Although there are currently no state-specific laws that criminalize sexual assault of a medical patient, the same laws that apply to all sexual assaults should cover your case. Certain types of sexual assault, like rape and other types of penetration, are usually penalized more severely than offenses like groping or exposing oneself, but all can be charged as at least misdemeanors or even felonies under Mississippi law. Because these crimes have statutes of limitation (unlike murder), which means physicians can't be criminally charged after a certain period of time has elapsed since the crime was committed or discovered, reporting this assault as quickly as possible is key to your ability to pursue further action against your physician.

Unfortunately, in the context of doctor-on-patient abuse, there often may be no witnesses who can testify to the doctor's behavior, and you could find your own sexual history on display as the doctor attempts to defend himself or herself from these allegations by dragging your own name through the mud. If you're not certain you have strong enough evidence to sustain a criminal prosecution but would still like some sort of justice to be done, you may want to instead investigate the possibility of a civil lawsuit. Because civil lawsuits for personal injury or infliction of emotional distress have a lower threshold of proof than criminal cases, it can be easier to gain a conviction and get the monetary judgment that can help you begin the healing process. Talk to a criminal law attorney for more information.