Mental health service accused of rape cover-up

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This was published 12 years ago

Mental health service accused of rape cover-up

Assault victim says hospital failed to tell police.

By Richard Baker and Nick McKenzie

ONE of Victoria's biggest mental health services has been accused of covering up an alleged rape of a young female patient.

The woman said she had just turned 21 when she was raped by a male patient in Eastern Health's Maroondah Hospital psychiatric ward.

Alexandra says that after she was raped in the Maroondah Hospital psychiatric ward, a staff member told her to 'forget it ever happened'.

Alexandra says that after she was raped in the Maroondah Hospital psychiatric ward, a staff member told her to 'forget it ever happened'.Credit: Jason South

She has accused Eastern Health of failing to report her complaint about the incident to police, as required under state Health Department regulations, and claims staff told her to tell no one about it - not even her parents.

The Age can also reveal details of a separate case in which a psychiatric nurse who stalked and harassed a mentally unwell female patient has been employed by Southern Health to work again with mentally ill patients.

Both cases raise serious questions about the handling of sexual assault allegations made by patients of Victoria's mental health system and come after The Age recently exposed 34 deaths in psychiatric wards that were deemed unnatural, unexpected or to have occurred in violent circumstances.

Several of these deaths - which are now the subject of a review ordered by Premier Ted Baillieu - involved alleged cover-ups by health services and the suspected mistreatment of patients.

Speaking publicly for the first time about the sexual assault on her inside the Eastern Health psychiatric ward on October 4, 2008, Alexandra - who asked to be identified by her first name only - said she was disappointed and confused by her treatment.

She had been in the psychiatric ward for just one day when she was raped, she said.

Suffering depression after the sudden deaths of close relatives and friends, Alexandra had overdosed on prescription medication. It remains her only psychiatric admission.

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''After I reported the rape there was a meeting with staff to discuss my behaviour. I was told to stop talking about the incident and not tell anyone about it,'' she said.

''I went and sat in the corner and began crying. A staff member came over and told me: 'You don't need to do that sort of thing. It's silly and not necessary. It's best to forget it ever happened'.''

Alexandra insists no one at Eastern Health called police to report her allegation of rape.

It is understood that police records indicate it was Alexandra, not Eastern Health, who first lodged the complaint after she was discharged on October 7. Her parents were not informed of the incident when they visited the psychiatric ward two days after it is alleged to have occurred.

Documents seen by The Age confirm that Eastern Health has acknowledged that Alexandra was the victim of a sexual assault.

In response to her rape complaint, Eastern Health staff provided Alexandra with the morning-after pill and a leaflet on ''inappropriate relationships'' between patients.

She was not given a rape kit as required but underwent testing for HIV and hepatitis.

Alexandra was moved to another room further away from the male patient, but still on the same floor.

She had been told to lock her door at night and did so before going to sleep. But during night rounds, a staff member left it unlocked and in the morning Alexandra was woken by a male patient entering her room.

Documents indicate Eastern Health disputes the allegation that it failed to immediately contact police. It declined to answer questions from The Age, but chief executive Alan Lilley said in a written statement: ''Eastern Health takes such matters very seriously and while we cannot disclose or discuss private patient information, we would encourage the patient to make contact with us to discuss her concerns.''

Documents show Eastern Health has admitted in writing that it did not arrange an appointment for Alexandra with sexual abuse counsellors when she was discharged, despite a policy to do so.

Alexandra told The Age that detectives from the Knox sexual crimes unit were not informed of the incident until after she was discharged, and that she organised her own appointment with the Eastern region Centre Against Sexual Assault service.

Police are understood to have investigated her complaint and confirmed a sexual encounter took place. They chose not to lay charges against the male patient on the basis it would be hard to prosecute as Alexandra, a virgin at the time, admits she never explicitly told the man ''no, no, no''.

''I was in a catatonic state when it happened,'' she said. ''I was heavily medicated and I was scared. Do you think anyone would want to lose their virginity like that?''

She admits there was physical contact between her and the man earlier that day. It had been initiated by the man and she says she complied with his instructions out of fear.

The incident and its aftermath continue to affect Alexandra physically, spiritually, financially and emotionally. ''I was doing OK when I was admitted. I was earning decent money and had just bought a new car. I was looking after my younger siblings,'' she said.

''My confidence had taken a hit when some family and friends died suddenly. I attempted to harm myself. The rape and what happened after made me feel even lower.

''I am never going to like the person who did this to me. But in a way, the system failed to protect him from himself as well as failing to keep me safe.

''They took from me something I can never get back. To this day, I still have nightmares and live with fear.

''But I have survived and I hope that by telling my story others who have been through this will be encouraged to confront what happened and not feel victimised any more.''

Alexandra, who is now back working after two years of intense struggle and feeling guilty for what happened, has amassed significant debts and had to declare bankruptcy after the incident.

She could not afford ongoing counselling and says being forced to take the morning-after pill clashed with strict religious beliefs she held at the time.

She said the incident and her subsequent treatment made her feel unworthy of her faith and undeserving of the support offered by her congregation.

''Religiously, at that point, that is not a choice that I would have ever made,'' she said.

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Eastern Health is understood to have made a series of policy changes in relation to matters raised by Alexandra's case, including establishing a women-only corridor with a swipe-card entry system.

Alexandra consented to The Age's publication of her photograph.

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