Drugs, Sex and the Risk of Recidivism: Psychiatry in the Witness Box

This article explores the way in which psychiatric evidence is used in disciplinary proceedings involving sex or drugs complaints against doctors in New South Wales. The evidence may be used not only to explain or justify aberrant behaviour, but also to predict the risk of re-offending. It is argued that predictions of risk based upon clinical judgment alone may be as flawed in disciplinary proceedings as they have been shown to be in other jurisdictions. The article draws upon Medical Tribunal cases, many of which are unreported, and from data taken from Annual Reports of the New South Wales Medical Board. It argues for more disciplined use of psychiatric evidence in disciplinary proceedings and a more proactive systemic approach to risk management.