Psychiatrist Flees, Sexual Assault Charges Stand

A lawsuit has been settled between a female patient and her Hamilton psychiatrist for sexual assault, though the doctor has fled the U.S., as reported by The New Jersey Times from Trenton.

Dr. Alvaro Argueta, 78, didn't appear for his trial and his defense attorney told the court that his client was living in another country after liquidating all of his assets.

Testimony had been expected in the civil court to answer allegations that Argueta had touched and licked a patient, then 22 years old, on her stomach during a scheduled appointment for psychiatric treatment in 2006.

The father of the victim, whose name as been withheld at his daughter's request, said, "He sold his assets and fled to Guatemala.  I don't see how the courts could let him leave the country with a pending lawsuit. I don't see how the courts could let him sell his assets with a pending lawsuit."

The woman's attorney, Joseph Lang, was surprised when Argueta's attorney, Lawrence Popp, told him that his client had taken his assets and returned to his home in Guatemala. Lang said, "Popp told me he has no assets in this country."

Popp argued that Argueta was in contact with him via phone, was still in the country, but wasn't required by law to appear in court.  Popp also refused to give any information as to his client's current financial status.

While the victim and her family worried that Argueta fleeing the country would affect their case, Lang said that his disappearance "has no impact on the trial.  But we could have difficulty trying to track down assets and having those assets pay for any judgment."

This fear was reduced by settlement talks that took place later that same morning.  The victim dropped her suit after making a deal, part of which was to keep the details private.

Lang was not allowed to publicize the settlement and only commented, "It's done."  Popp also refused comment.

A 2008 criminal court proceeding, in which Argueta testified that he had kissed the young woman's stomach but did not touch her improperly, ended in a mistrial.   

In January of 2009 Argueta had pleaded guilty to criminal sexual contact and he was sentenced to one year in prison.

Assistant Prosecutor Jennifer Dowling said that other alleged victims had come forward since they heard about Argueta's case, but none, save one severely troubled patient, was willing to cooperate.  Because of this the lesser petty disorderly persons charge was agreed to be the best.

The victim filed the civil suit one day after Argueta's sentencing.  She charged him with negligence, sexual assault and battery in the lawsuit.  The victim said she had "severe and permanent injuries" and "extreme emotional and physical pain and suffering.

The victim's family said that Argueta closed his Hamilton practice and sold his home immediately after he entered his guilty plea.

The family also reported Argueta to the state medical board,  A spokesman for the state Office of Consumer Affairs said that Argueta's license is still in good standing.

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