Two rapist therapists will never practise again

A HYPNOTHERAPIST and masseur who raped a female patient and sexually assaulted three others has been permanently barred from providing any health service.

A judge has found Paul Kirk poses a serious risk to patients.

Kirk behaved as "a depraved and determined sexual predator who used his role as a therapist to prey upon women for his own sexual gratification'', Judge John Allen said.

In 2017, Kirk was sentenced to two and a half years' jail, with parole eligibility after six months, for sexually assaulting and digitally raping a female patient.

The woman, who had wanted to give up smoking, had gone to Kirk, who ran his Western Healing practice from his homes in Warwick and Torquay until 2016, for hypnotherapy.

In 2012, Kirk had been sentenced to 12 months' imprisonment, suspended after three months, for the 2010 sexual assault of a girl, 17, who had sought treatment for sciatic nerve and back problems.

That year he also was given the same concurrent sentence for sexually assaulting a female patient, 33, in 2011.

In 2013, he was given a wholly suspended six month jail sentence for assaulting a female patient, 31, during a massage.

In 2016, Kirk was prohibited from doing any work regarding clinical or non-clinical health services.

The Health Ombudsman brought disciplinary proceedings, claiming Kirk posed a serious risk to patients.

Queensland Civil and Administrative Tribunal Deputy President, Judge John Allen, said Kirk had shown a propensity to offend against patients when they were in a vulnerable and trusting state.

"The conduct involved four different patients, occurred over a lengthy period of time and escalated to rape by digital penetration, notwithstanding (Kirk) having been previously imprisoned for offences of sexual assault,'' Judge Allen said.

"The persistent behaviour suggests a strong propensity towards such deviant behaviour.''

Although Kirk had a degenerative type of muscular dystrophy, which would place restrictions on his physical capacity, he was still able commit offences while suffering from the condition in 2016, the judge said.

Judge Allen ordered that Kirk be permanently prohibited from providing any health service because he posed a serious risk to persons.

In a separate decision, a former Brisbane massage therapist, who raped and sexually assaulted patients and secretly filmed some undressing, has been banned from practising again.

Samuel MacBean, 47, who ran Moorooka Therapeutic Massage from his home and then Beaudesert, was convicted and sentenced for 50 offences in 2016.

They included rape, eight counts of indecent treatment of a child under 16, 12 counts of sexual assault, possession of child exploitation material and recording, in breach of privacy.

MacBean was sentenced to six years in jail for rape and given lesser concurrent jail terms for other offences and became eligible for parole after serving two years.

His offences involved 22 patients to whom he had provided massage services, and included five children and two patients with intellectual impairments, a tribunal heard.

Most of his patients were women and he mainly touched their breasts or vaginas, under the guise of legitimate massage treatments, Queensland Civil and Administrative Tribunal heard.

Police found MacBean had been secretly filming patients undressing and dressing and during their massage sessions, using his laptop's built-in camera.

Police also found child exploitation material and adult pornography on his laptop.

MacBean also did not have a blue card for working with children.

QCAT deputy president, Judge John Allen, said MacBean had shown a perverted interest in sexual behaviour and there could be no confidence that he no longer had such propensities.

On September 13, Judge Allen ordered MacBean to be permanently prohibited from providing any health service.



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