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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
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