reread the comic. empath is innocent in x-men the 198, he saves a Guatemalan city from being destroyed by Amara (and saves Amara from getting killed by army snipers)
She later accuses him of manipulating her, but she was being manipulated by forgotten F list character Johnny Dee, not Empath. It was made clear Amara was accusing him of things he didnt do because of his bad reputation
Johnny agreed to move over to the Xavier Institute for his own safety. There, he became part of The 198. When Magma arrived at the school, they shared a conversation about her recent outburst. Magma saw them as friends, but Johnny began falling in love with her. Magma admitted that Johnny looked cute but was a bit disgusted by his powers. Later, Johnny appeared to use his powers to create small duplicates of the mutant Magma, and later of Jazz as well. They appeared to be voodoo dolls that made placed targets under Johnny Dee's total control. Jazz spied on Johnny and found him making the voodoo doll of himself. Johnny later used the doll against Jazz and killed him. When the mysterious Mr. M sought out to gain the other 198 their freedom back, Johnny Dee (at the request of ONE leader Demetrius Lazer) had Leech depower Mr. M, and had Magma kill him. He then stated that he wouldn't ask anything in return for the job. "At least, not yet..." and decided to remain at Xavier's for his own, sinister reasons.
that character has been in jail since the first civil war
Empath did get raped and brainwashed by Madelyne Pryor in bdsm sessions, but nobody cares because he is a man