5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly that are primarily between the individual and society are not mental disorders unless the deviance or conflict results from a dysfunction in the individual, as described above.[97] Statistical Manual of Mental Disorders and "[occurs] when the person has experienced an event that is outside the range of usual human experience, that would be-markedly distressing to almost anyone; e.g., serious threat to one's life or physical integrity, etc." [98] The current diagnostic features of post-traumatic stress disorder are stated in the Diagnostic and Statistical Manual of Disorders: Diagnostic Features The essential feature of posttraumatic stress disorder (PTSD) is the development of characteristic symptoms following exposure to one or more traumatic events. Emotional reactions to the traumatic event (e.g., fear, helplessness, horror) are no longer a part of Criterion A. The clinical presentation of PTSD varies. In some individuals, fear-based reexperiencing, emotional, and behavioral symptoms may predominate. In others, anhedonic or dysphoric mood states and negative cognitions may be most distressing. In some other individuals, arousal and reactiveexternalizing symptoms are prominent, while in others, dissociative symptoms predominate. Finally, some individuals exhibit combinations of these symptom patterns. The directly experienced traumatic events in Criterion A include, but are not limited to, exposure to war as a combatant or civilian, threatened or actual physical assault (e.g., physical attack, robbery, mugging, childhood physical abuse), threatened or actual sexual violence (e.g., forced sexual penetration, alcohol/drug-facilitated sexual penetration, abusive sexual contact, noncontact sexual abuse, sexual trafficking), being kidnapped, being taken hostage, terrorist attack, torture, incarceration as a prisoner of war, natural or human-made disasters, and severe motor vehicle accidents." (Emphasis supplied). A unique circumstance in this case is that the alleged illness is not caused by the duties and responsibilities of a Messman, but is due to the seafarer's work environment. Petitioner was harassed twice in one night. Though he managed to escape in both instances, there was no way for him to avoid CO Oleksiy. The only way he could protect himself from further sexual advances or unwanted sexual contact was to request for repatriation. In cases like these, it is possible that the seafarer's fear is heightened because there is no way to escape from the environment where sexual harassment occurred. Being out at sea, the seafarer has to wait for the ship to dock at the nearest port before the seafarer can disembark and be repatriated. Thus, from the time the incident of sexual harassment occurred until the time the seafarer is able to disembark, it is probable that the seafarer is cowered by fear. In addition, the sexual predator, knowing there is no room for the victim to escape, is capable of continuously committing such acts of sexual harassment. The unique condition of working on board a ship empowers the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 13/25

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