Victim's Impact Statement

The following is the text of the victim's impact statement that I read at Mr. Higgins sentencing last year. I left in the note I wrote to myself at the end of each paragraph - take a deep breath. Honestly, when I finished reading it, I couldn't remember if I had said everything or not. It was a terrifying experience. Yet I know so many people never get to say how their rapist effected their lives. I will be forever grateful that I got the chance.

March 10, 2007

Dear Judge Morris,

Thank you for allowing me this opportunity to let the court know that Mr. Higgins’s actions were not just criminal, but unconscionable. It’s clear now that from the moment I first entered the Traumatic Brain Injury Program, Mr. Higgins began carefully planning his assault on me. From the beginning, he was more interested in questioning me about prior sexual assaults than helping me cope with the severe problems I was having in the aftermath of my injury. His persistent questioning on the subject of rape did nothing to help me deal with my daily struggles to manage my disability. (take a deep breath)

In fact, his dredging up memories of my prior rape caused me to become so severely depressed that I attempted suicide. On the day I attempted suicide, I spent over two hours on the phone with Mr. Higgins discussing my plan. Mr. Higgins knew had upset me and that I had been drinking; he also knew that I had a bottle of sleeping pills. Mr. Higgins did not report my suicidal intentions, despite his responsibilities as a crisis intervention counselor. Thank goodness for my father, who did call the police, otherwise I would have died. (take a deep breath)

Mr. Higgins took advantage of my brittle mental state when I returned to the TBI program. He began setting himself up as the only person I could trust and the only person that would keep me safe. He also encouraged me to stop having any contact with my friends and family because he said my relationships with them were toxic. I now understand that his plan would only work if he felt confident that I wouldn’t have anyone to talk to about what he was doing to me. (take a deep breath)

I was also in deep financial trouble, and in danger of losing my home. He told me was a real estate broker who had worked for Tom Monahan, the “Domino’s Pizza King,” as part of Mr. Monahan’s Real Estate “Dream Team” and because of this he could help me keep my home if I wanted. A few months into therapy he came to my home because he told me he wanted to see the house I thought I was going to lose and to help me make a decision about whether or not it was worth keeping. That was the day I walked into my bedroom and saw him on my bed in just his underwear. (take a deep breath)

Though I was extremely frightened, he told me he saw the fear in my face and that I should not be afraid. I needed to learn to “completely” trust him. How learning to have conversations with no clothing on was freeing and allowed for the most “honest” communication because you were not hiding anything. He said that he did not expect me to take off my clothes until I was comfortable with the idea. He then told me he had been a sex therapist and how he had been able to help many other patients overcome their fears. Subsequently, he began asking that I participate in both manual and oral sex with him. (take a deep breath)

On one of his last visits to my home, when he saw that I was becoming afraid of him, he grabbed my arms and pinned them above my head and forced my legs apart. He told me that I might learn to “like it” because it could be good with someone you trust, and he reminded me that “he” was not my rapist; rather that he was the “only” person I could trust. He told me I needed to submit to my fears because then and only then could I release my fears. He appeared to enjoy my fear, because for the first time he was able to maintain and erection long enough to ejaculate. Although I had entrusted him with details of the rape during my therapy sessions, I never consented to letting him reenact it. I am still haunted by my memory of this event. (take a deep breath)

He knew how badly he had upset me, but he kept telling me “God had sent him to me.” That Jesus was his only savior. That Jesus knew he was only human and therefore he would be forgiven and be given the gift of eternal life. As I am deeply spiritual person, I was disturbed that he would use religion to justify his assault. (take a deep breath)

The last time I had contact with Mr. Higgins, I had called him at the U. of M. suicide prevention hotline and told him I needed to understand “why” he was hurting me and that I was going to kill myself if he couldn’t explain. He told me he couldn’t help me. After the call I realized he “wanted” me to kill myself because he had a secret to keep. That he was hoping that I would sacrifice my life to keep his secret was appalling and my wake up call. My image of Thomas Higgins as a sweet, soft-spoken, and gentle hearted man would be forever shattered. That was the day I decided to report him. (take a deep breath)

But he had so cleverly manipulated the circumstances of his assaults that when I first reported his attacks to the University of Michigan and then the Ann Arbor police department, no one believed me. Since I had reported him to U. of M. anonymously, no action was taken. Because the police believed they had a case of “he said – she said” they inadvertently gave him an opportunity to destroy evidence that I believe would have revealed the true and complete picture of the horror of his actions. . (take a deep breath)

Despite being dismissed and ignored, I continued to try to alert the authorities to his predatory sexual behavior. He had revealed so many clues indicating a pattern of assault on his patients; that I felt a duty to do everything possible to get someone to listen. (take a deep breath)

Finally, when a second, and then a third victim came forward, one police officer, Officer Heather McDonald, began to take the investigation seriously. And when the third victim found Attorney Stephen Goethel, who grasped the outrageous nature of Mr. Higgins offenses, appropriate charges were filed on her behalf because Mr. Goethel’s office worked day and night to provide evidence to the Prosecutor’s office that Mr. Higgins had committed not only fourth degree criminal sexual assault, but first and third degree criminal sexual assault as well. Unfortunately, as a result of the plea agreement appropriate charges can never be filed on my behalf. (take a deep breath)

Ever since he assault, if I look at myself in a mirror, I am repulsed. His obsession with hair drives me to shave in my shower until my skin is raw. Because I couldn’t sleep in my own bed, I destroyed all the bedding that hadn’t been given to the Northfield Police as evidence, hoping this would help purify my home. His evil manipulation of my life and his assault on me has aggravated my depression to the point that I can barely function and struggle daily to find a reason to go on. (take a deep breath)

Because the Northfield Police were unable to get this man charged for his sexual assault in my own home, I am constantly in fear of another attack. And the false hope Mr. Higgins gave me that he could save me from foreclosure was also cruel. My home is in foreclosure and I am being evicted on April 25th. The progress I had started making progress in dealing with my disabilities in the Traumatic Brain Injury Program has now been lost. I am emotionally and financially devastated. (take a deep breath)

I don't believe when that when the criminal sexual assault statute was amended to include fourth degree charges that prohibit sexual contact between mental health workers and their patients that the court could have anticipated the actions of a Thomas Higgins. Three of his victims will stand before you today, however because he destroyed all of his patient records, the courts may never know just how many of the almost three thousand patients he served may
have also been sexually assaulted. (take a deep breath)

Mr. Higgins has by no means accepted responsibility for what he did. All he admitted to this Court was that he touched our breasts and buttocks; he did not admit that he coerced us into revealing the details of our rapes so that he could reenact them for his own sexual gratification. If his supporters or this court believe he has accepted what he did was wrong it only proves how powerfully deceptive he can be. Despite supporters’ efforts to present Mr. Higgins a man of extraordinary character, and that his behavior was aberrant and an anomaly, what he did was to systematically and deceitfully execute a series of heinous crimes over a protracted period of time, abusing vulnerable people using the power of his position. As, a licensed mental health professional, not only did he betray his patients trust, but the public trust as well. Take note that no one from the mental health community wrote letters of support. Fortunately, the state has taken away his license. (take a deep breath)

If the Prosecutor were able, I am sure Mr. Higgins would be standing before you today facing three life sentences for the at least four years he was committing premeditated sexual assault. Therefore I beg your honor not to give a moment’s consideration to his request to either serve a one-day sentence or pay fines for the eleven fourth degree charges. Rather, I plead to your honor that he serves every day of the regrettably short two year sentence. (take a deep breath)

I also petition the court to extend the order that Mr. Higgins have no contact with me for the rest of his life, and that he receive HIV and STD testing immediately to put our minds at ease. Additionally, I want to let Mr. Higgins know that I will take any opportunity I am given to be present at every parole hearing to ensure he serves his full, and hopefully long, sentence so that he does not get to devastate another person’s life. And finally, I want to take this opportunity to thank other victims for having the courage to come forward and to thank the court for allowing me to speak today. (take a deep breath)

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If you never had the chance to talk about the impact sexual assault had on your life, it is not to late. Write yourself a letter, even if you rip it up when you are finished. Or feel free to share your story in the comments.

Hugs to all survivors, Jane Doe 02