A summary of legal rights for women who have been Sexually Assaulted, Molested, or Abused by their Doctor, Psychiatrist, Psychologist, Minister, or Attorney in Tennessee by Tennessee Attorney Kevin R. Madison - a former Police Chief and former Criminal Prosecutor with 38 years of courtroom litigation experience

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Legal Remedies for Victims of Sexual Exploitation and
Sexual Abuse committed by Doctors, Psychiatrists, and
other Professionals in Tennessee ©
Attorney Kevin R. Madison
Former Chief of Police
Former Criminal Prosecutor
Trained Victim Advocate
Highest Rating for Ethics and Competence*
www.tnvictimlawfirm.com
Licensed to practice law throughout the State of Tennessee
Cases handled in most cities throughout Tennessee
*Martindale Hubbell Legal Directory – anonymous rating by Attorneys and Judges

2. What this Slide Share Presentation will educate you about:
 Identifying civil causes of action available to Tennessee
victims of Sexual Exploitation and Abuse, including
patients abused by doctors, psychologists, psychiatrists,
therapists, and lawyers having improper sexual
relationships with their clients, and clergy having sexual
relations with members of their congregation.
 Understanding the benefits of civil causes of action
 Understanding the differences in burdens of proof in
civil cases as opposed to criminal cases
 Understanding the “Statute of Limitations”
 Identifying Damages that crime victims may be able to
recover
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3. Sexual Exploitation cases are accepted throughout the
State of Tennessee by Tennessee Attorney Kevin Madison
What is Sexual Exploitation or Sexual Abuse by a Doctor
or Therapist?
Sexual Exploitation or Sexual Abuse of a patient by a Doctor,
Psychiatrist, Psychologist, or Mental Health Counselor is a
violation of the fiduciary (ethical) relationship that exists
between a doctor and patient.
Patients cannot consent to having sex with their doctor,
psychiatrist or mental health counselor because of the fact
that the doctor or therapist has a duty to refrain from any
sexual relationship with their patients.
When a doctor or therapist has sex with a patient, they are
really committing a Battery (assault) of their patient.
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4. Sexual Exploitation cases are accepted throughout the
State of Tennessee by Tennessee Attorney Kevin Madison
What if the Sexual Exploitation was committed by my
Minister, Priest, Rabbi, or even my Attorney?
Cases involving ABUSE OF TRUST between Ministers and
members of the Congregation or between a Lawyer and his
Client there could be a violation of the fiduciary (ethical)
relationship that exist between these people, which may give
rise to a claim against the predator!
Ministers, Priests, Rabbis, and other members of the Clergy
(and lawyers) are under an ethical duty not to engage in
sexual relationship with their congregants or clients.
Certain violations of this duty may give rise to a Battery claim
or Negligent Infliction of Emotional Distress claim.
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Criminal Process
• Report to Law Enforcement
• Police Investigate Case
• Prosecutor Decides to Initiate Criminal
Case and files Complaint
• Criminal Trial Process Begins
• Months of Time or Years Pass
• Court Re-sets and Continuances
• Trial or Plea Bargain Agreement
• Dismissal of Hard to Prove Cases

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Civil Litigation...Why?
Catharsis- Regaining Control for Victim
Public awareness of Abusers
Possibility of Settlement or Judgment
Faster Track than Criminal Case
Don’t have to wait until Criminal Case is
Over
Easier Burden of Proof than a criminal
case: Preponderance of the Evidence
Monetary Damages

7. BURDEN OF PROOF
. . . is the level of proof required in a legal action required to
prove the allegation asserted.
Beyond a Reasonable Doubt: the highest level of proof,
required in all criminal trials in the United States. Defendant
presumed innocent.
Clear and Convincing Evidence: The next highest level of
proof, used in family law curt cases- the high standard
required to terminate a parent-child relationship.
Preponderance of the Credible Evidence: the lowest
level of proof, used in these civil trials; typically means
“more likely than not.” All that is required is to tip the scales
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8. BURDEN OF PROOF
In civil cases the scales are even, unlike in the criminal
arena, where the defendant is presumed innocent and
scales are tipped for defendant at the start of the trial.
All is takes to prevail in the civil justice system is to tip the
scales in favor of the plaintiff. A 51% to 49% (more likely
than not) weight of the credible evidence will win.
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Attorney Kevin Madison has been successful suing
and obtain money settlements for victims of:
SEXUAL ASSAULT
SEXUAL MOLESTATION BY A DOCTOR
“CONSENSUAL” SEXUAL CONTACT BETWEEN DOCTORS & PATIENTS
LAWYERS PRESSURING CLIENTS TO HAVE SEX WITH THEM**
* There is no such defense as “consent” when a doctor, psychiatrist,
psychologist, therapist, minister, priest, rabbi violates their fiduciary
duty and convinces a patient to have sexual relations with them!
**The same is true if a lawyer has sex with a client. This is highly
unethical conduct and a violation of their fiduciary duty to client. We
love to sue lawyers who violate their ethical duties to clients.

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SEXUAL ASSAULT BY DALLAS DOCTOR

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SEXUAL EXPLOITATION BY WACO DOCTOR

12. Causes of Actions that may beCauses of Actions that may be
available to victims of Assaults oravailable to victims of Assaults or
Sexual Exploitation in TennesseeSexual Exploitation in Tennessee
BATTERY (also referred to as assault)
If your doctor, psychologist, psychiatrist, therapist, minister,
clergyman, or lawyer gropes you or engages in sexual
activity with you.
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
If your doctor, psychologist, psychiatrist, therapist, minister,
clergyman, or lawyer gropes you or engages in sexual
activity with you, or even makes sexually lewd comments
to you or attempts to have sex with you. 12

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NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS
This civil cause of action is recognized in Tennessee
Elements:
Defendant Acted Negligently
Conduct “EXTREME & OUTRAGEOUS”
Conduct Caused Victim’s Emotional Distress &
Plaintiff’s Emotional Distress was “SEVERE”

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Negligent Infliction of Emotional Distress
Statute of Limitations: One (1) Year from the date
of the Occurrence
Actual Damages:Mental Health Counseling Bills
Mental Anguish & Physical pain
+ Punitive Damages

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“Infliction of Emotional Distress”
cases that my law firm has settled
Employee Job Recruiter locked door to interview room and
sexually harassed prospective female employee.
Employer sending lewd text messages and obscene photos
to female employee
Doctor Employer repeatedly commented on employee’s
breasts and buttocks

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BATTERY
In Tennessee, any person who offensively
touches or gropes or injures another person
without their consent commits a Battery and
the victim can sue him for it in civil court.
“Battery” is defined as “an intentional act
that causes an unpermitted, harmful or
offensive bodily contact.” Cary v.
Arrowsmith, 777 S.W. 2d 8, 21 (Tennessee
Court of Appeals, 1989) and Restatement
of Torts, 2nd
edition, Section 18(1).

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BATTERY
Tennessee allows assault victims to pursue claims
against their assailant in civil courts, as well.
Defendant Intentionally, Knowingly, or Recklessly made any act to
commit a battery or committed a battery on Victim and caused injury or
offensive contact with the victim
Statute of Limitations: One (1) Year
Actual Damages: Mental Health Counseling Bills
Mental Anguish & Physical pain
+ Punitive Damages

18. Tennessee Limitation PeriodTennessee Limitation Period
is very short!is very short!
Only a ONE YEAR LIMITATION PERIOD on Personal
Injury claims, such as battery and rape cases.
THEREFORE: Do NOT delay in speaking with an attorney
about your case if you are the victim of any sexual
contact by a doctor, psychiatrist, therapist, counselor, or
your own attorney or lawyer.
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NON-DISCHARGEABILITY
IN BANKRUPTCY PROCEEDINGS
11 USCS § 523(a)(6) §523. Exception to discharge
A defendant who commits an Intentional Tort,
such as Assault, Sexual Assault, or Sexual
Exploitation is forbidden by federal law from
being able to file for bankruptcy and discharge
any civil judgment against him if he caused...
...a willful and malicious injury to another
person or entity

20. All Cases are Contingency Fee
 Attorneys who handle Personal Injury and Sexual
Harassment Cases normally do not charge hourly fees
or retainer fees.
 We handle these cases the same way we handle
Personal Injury cases – if we obtain a money recovery
for you, we get paid a percentage of the recovery plus
our out of pocket costs.
 We accept cases throughout most parts of Tennessee.
 Our fees are contingent on obtaining a settlement for the
Client. If no recovery – client owes nothing! Not even out
of pocket costs.
Response to an email or telephone call does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison,
P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail, my response
to your email, nor telephone calls will create an attorney-client relationship. E-mails will not necessarily be treated as privileged or
confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-
client relationship. Until we have a written legal services contract, we do not represent you. 20

21. Contact Information:
Tennessee Victim Attorney Kevin R. Madison
Former Police Chief - Former Prosecutor
Telephone: (865) 312-5160
(Phones answered 24 hours a day)
E-mail: kevin@kevinmadison.com
www.tncrimevictimlawfirm.comwww.tncrimevictimlawfirm.com
Knoxville Executive Suites
9111 Cross Park Drive, Suite 200
Knoxville, TN 37923
(By appointment only)
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