New Hampshire psychologist Burton Hollenbeck facing trial on 30 counts aggravated sexual assault related to sex with patient

April 28, 2010

A Cheshire County grand jury has indicted a Keene psychologist on 30 counts of aggravated felonious sexual assault alleging he had sex with a patient.

Dr. Burton G. Hollenbeck, 56, of Richmond was also indicted in March on eight counts of aggravated felonious sexual assault, two counts of violating a protective order and one count of witness tampering.

It is unclear if the latest charges are in addition to the March charges or replacing them. The charges are tied to the same alleged victim.

The state Attorney General’s Office has appointed Hillsborough County Attorney Robert M. Walsh to prosecute the case. Walsh did not return a call seeking additional information on the latest indictments against Hollenbeck.

An indictment is not an indication of guilt. It is a determination by grand jurors that prosecutors have gathered enough evidence against a defendant to pursue a trial.

The March indictments against Hollenbeck allege that he had sex with a 37-year-old patient eight times between March and October 2008.

The latest indictments say Hollenbeck had sex with the patient between February and December 2008.

The Sentinel does not identify alleged victims of sexual assault.

State law forbids doctors from having sex with current patients, or former patients within a year of the termination of therapy.

Each sexual assault charge Hollenbeck faces carries a maximum prison sentence of 10 to 20 years. Witness tampering, also a felony, is punishable by 31/2 to seven years in prison. Violating a protective order is a misdemeanor charge with a possible sentence of a year in jail.

In late January, Hollenbeck agreed to quit practicing psychology in New Hampshire until the state Board of Mental Health Practice resolves the allegations of misconduct pending against him.

The alleged victim and her husband began seeing Hollenbeck for marriage counseling in mid-2006.

After learning that the wife had been abused when she was younger, Hollenbeck asked her to have one-on-one therapy sessions with him, according to separate lawsuits the wife and husband have filed against Hollenbeck.

They are seeking hundreds of thousands of dollars in compensation for mental anguish, emotional distress, lost wages, legal fees and other damages, losses or expenses they say they suffered as a result of the alleged affair and Hollenbeck’s “wanton, malicious and oppressive” actions.

Shortly after the wife started her private sessions with Hollenbeck, the doctor bought her golf equipment, gold and pearl earrings, paid her auto insurance, gave her $200 toward a trip to Europe and paid $50 for her monthly phone bill between March and November 2008, according to the husband and his attorney, William Aivalikles of Nashua.

In October, Hollenbeck’s office manager blew the whistle on the alleged affair, but the wife and doctor denied the allegations, according to the husband’s lawsuit.

The husband states in court documents that he did not believe his wife and Hollenbeck were having an affair, and even wrote a letter in support of Hollenbeck after the office manager came forward.

But in early December, the wife admitted she was having an affair with Hollenbeck and tried to end the relationship, according to court documents.

The wife alleges that Hollenbeck began stalking her and violated a court order barring him from contacting her.

Source: "Keene psychologist faces additional charges," Keene Sentinel, April 28, 2010.