(Original Post 2-7-10)
Peter Chi, a Livermore, CA plastic suregeon who practiced in Tracy, CA, has settled a lawsuit for $1.8 million filed by 37 female patients who alleged that they were groped and fondled by him at his practice, according to Stewart Tabak, the attorney for some of the victims. Tabak said that he and other attorneys reached the settlement because "It would be better to resolve it now." Chi's insurance company, Evaston Insurance, is trying to revoke his policy for criminal acts, not covered under the policy.
Chi, a Livermore resident, was the medical director of Beauty Renewed Laser Skin Center at 1770 N. Tracy Blvd. He was first charged in February 2009 after eight women filed reports with Tracy police. More women came forward after the investigation became public. The incidents are alleged to have occurred from May 2007 to January 2008.
The criminal case against Chi, 46, is still ongoing. He has pleaded not guilty to 51 counts of sexual battery, 15 counts of sexual penetration with a foreign object while the victim was unconscious and one count of committing a lewd act upon a child. One of Chi's accusers was 15 at the time of the alleged molestation.
Chi's trial is scheduled to start October 25. He's currently free on $500,000 bail and has surrendered his passport and medical license to authorities.
(Update 4-13-11) Chi was sentenced to 3 years imprisonment and a lifetime on the sex offender registry on April 4, 2011. The disgraced physician pled guilty to 36 counts of sexual battery and one dozen of the victims were present in the courtroom. "Renee" said that Chi botched her plastic surgery as well as groped her. "I feel like I was in a major car accident... He mutilated not only my body but my spirit. Today is judgment day."
As for Chi himself, he said just before sentencing,"I accept complete responsibility for my actions, and I am very sorry for the pain and suffering I have caused the victims and their families." San Joaquin County Superior Court Judge Xapuri Villapudua chastized him for "taking advantage of mothers, daughters, and sisters."
Diana Koron, Chi's marketing director between 2004 and 2006 until she said Chi sexually assaulted her, attended Chi's sentencing. “I’m glad it’s over. I wish the sentence would be longer. But I am glad it’s over. I’ve been waiting since 2006 for him to be sentenced. Being in the courtroom yesterday was so emotionally draining....He showed absolutely no remorse whatsoever. He wouldn’t even look at anyone,”she said. Koron was not represented in any of Chi's civil lawsuits or criminal charges.
Showing posts with label doctors. Show all posts
Showing posts with label doctors. Show all posts
Wednesday, April 13, 2011
Tuesday, March 8, 2011
Suburban Philly doctor sentenced to a month imprisonment, five months house arrest for unwanted advances
Doctor sentenced in indecent assaults on patients
By Kathleen Brady Shea
[Philadelphia]Inquirer Staff Writer
Authorities said a doctor who practiced in Kennett Square and was known for treating Lyme disease had another specialty: making unwanted advances to female patients. Peter Fabulian, 63, of Strasburg, who pleaded guilty in December to two counts of indecent assault, was sentenced Tuesday [March 1, 2011] to one month in prison and five months of electronic home confinement, followed by two years of probation.
"I know I've hurt people; I never meant to hurt people," Fabulian told Chester County Judge David F. Bortner.
The judge said Fabulian should have recognized the consequences of his actions. "He never meant to hurt people. . . . That may be, but he certainly did - very deeply and very seriously," Bortner said. "A lesser sentence would depreciate the seriousness of the crimes."
Assistant District Attorney Andrea Cardamone, who sought a six-month jail term, said that after Fabulian was charged with assaulting two women, others came forward. She said that two were within the statute of limitations and that the District Attorney's Office agreed not to file additional charges in exchange for Fabulian's cooperation. She said the agreement also included a provision that the court would hear about the other two cases to show a pattern.
During a hearing that lasted nearly three hours, Cardamone presented two witnesses and read a letter from a third. The women are not being identified by The Inquirer because of the nature of the offenses. Both described Fabulian's sexual overtures as an excruciating breach of trust. The first woman said she had to wait a year and a half for charges to be filed after contacting police because authorities said another victim would bolster her case.
Bortner said Fabulian's sentence would reflect only the two victims in the criminal complaint. He also said he would leave Fabulian's future as a doctor in the hands of the state Board of Osteopathic Medicine. A hearing is scheduled later this month.
Contact staff writer Kathleen Brady Shea at 610-696-3815 or kbrady@phillynews.com.
By Kathleen Brady Shea
[Philadelphia]Inquirer Staff Writer
Authorities said a doctor who practiced in Kennett Square and was known for treating Lyme disease had another specialty: making unwanted advances to female patients. Peter Fabulian, 63, of Strasburg, who pleaded guilty in December to two counts of indecent assault, was sentenced Tuesday [March 1, 2011] to one month in prison and five months of electronic home confinement, followed by two years of probation.
"I know I've hurt people; I never meant to hurt people," Fabulian told Chester County Judge David F. Bortner.
The judge said Fabulian should have recognized the consequences of his actions. "He never meant to hurt people. . . . That may be, but he certainly did - very deeply and very seriously," Bortner said. "A lesser sentence would depreciate the seriousness of the crimes."
Assistant District Attorney Andrea Cardamone, who sought a six-month jail term, said that after Fabulian was charged with assaulting two women, others came forward. She said that two were within the statute of limitations and that the District Attorney's Office agreed not to file additional charges in exchange for Fabulian's cooperation. She said the agreement also included a provision that the court would hear about the other two cases to show a pattern.
During a hearing that lasted nearly three hours, Cardamone presented two witnesses and read a letter from a third. The women are not being identified by The Inquirer because of the nature of the offenses. Both described Fabulian's sexual overtures as an excruciating breach of trust. The first woman said she had to wait a year and a half for charges to be filed after contacting police because authorities said another victim would bolster her case.
Bortner said Fabulian's sentence would reflect only the two victims in the criminal complaint. He also said he would leave Fabulian's future as a doctor in the hands of the state Board of Osteopathic Medicine. A hearing is scheduled later this month.
Contact staff writer Kathleen Brady Shea at 610-696-3815 or kbrady@phillynews.com.
Thursday, June 24, 2010
Long Island doctor convicted of voyeurism charges - faces 4 years in prison
A Long Island doctor has been convicted of using a hidden toliet camera against his patients and employees Monday, June 21. 54 year old Vincent Pacienza was found guilty in a Nassau County, NY courtroom of unlawful surveillance. Pacienza told his employees back in June 2008 that he would be installing an air purifier in the washroom which was shared by employees and patients, closing down the employee-only washroom.
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
However, that air purifier contained a hidden camera which faced the toilet (and the women using it). It was hooked up to a monitor hidden underneath Pacienza's desk. He was caught when one of the victims opened up office mail and saw the invoice for the air purifier with the hidden camera inside. Pacienza was arrested a bit later on.
While sentencing is set for July 31, Pacienza will face a decade on the New York sex offender registry, and disciplinary action against his medical license. Nassau County District Attorney Kathleen Rice said “This defendant completely betrayed the trust of his employees, many of whom worked him for many years.”
Tuesday, June 22, 2010
Chicago Tribune - Illinois doctors can practice despite sex crime convictions
A Chicago Tribune report on doctors who have been convicted of sexually abusive patients finds that many Illinois doctors who have been convicted of sexually abusing their clients are still practicing. One case involves a Lemont, IL doctor who was convicted of sexually abusive a patient undergoing cosmetic surgery in 2000. Disciplinary proceedings were started, but never followed up against him for the assault.
A Tribune review uncovered 16 sex offenders who have held state medical licenses within the past 15 years. Not one had his license permanently revoked following his conviction. Even those who were the most severely sanctioned are allowed to reapply to practice. The Lemont woman's doctor, Nercy Jafari, was never punished by the disciplinary agency in any way, records show.
The woman's father asked "How in God's name can someone convicted of sexual abuse by a jury of his peers be allowed to continue practicing medicine?"
In Illinois, only doctors convicted of drug offenses and public aid fraud can have their licenses permanently revoked. Here's hoping that the Tribune report can change that.
A Tribune review uncovered 16 sex offenders who have held state medical licenses within the past 15 years. Not one had his license permanently revoked following his conviction. Even those who were the most severely sanctioned are allowed to reapply to practice. The Lemont woman's doctor, Nercy Jafari, was never punished by the disciplinary agency in any way, records show.
The woman's father asked "How in God's name can someone convicted of sexual abuse by a jury of his peers be allowed to continue practicing medicine?"
In Illinois, only doctors convicted of drug offenses and public aid fraud can have their licenses permanently revoked. Here's hoping that the Tribune report can change that.
Tuesday, December 1, 2009
Plastic surgeon sentenced to 3 years 8 months in prison for fondling patients
A plastic surgeon who sexually exploited his patients was sentenced to 3 2/3 years in a California prison and lifetime sex offender registration yesterday. Sacramento Superior Court Judge Steve White sentenced Dr. Scott Takasugi, 56, to the sentence because three years ago, Takasugi fondled women undergoing breast surgery. Judge White said that the fondling was "planned conduct, and there was a position of trust. The doctor-patient relationship is considerable. This is one where the victims acceded reluctantly to the doctor's conduct, based upon their judgment that he was doing what was in their interests, even though it didn't seem like it to them. And they only did that because he was their doctor and they trusted him."
"I'm particularly taken by the repeat behavior involved here," the judge said. "If this were an isolated instance...and there were great contrition and full grasp of criminality, I think it would be a good case for probation. But that is not what we have here," Judge White said.
The judge said that Takasugi "created his own world" of guns, cars and sex and that he "objectified the people around him" in the process. Takasugi manipulated his victims "for his own satisfaction and amusement," White said.
The judge said, "He had created a sort of solipsistic existence," which wouldn't be criminal unto itself, until he "objectified" his victims, White said, to the point where he didn't think he did anything wrong. "These people who are players in this case, on the stage of his world, he used them for his own satisfaction, for amusement," White said.
Takasugi was supposed to have been sentenced earlier in November, but the previous court dates were postponed becase of his father's death, then a mental health hold. After he as led from the courtroom in shackles, one of his victims said that "I'm just really glad that this is done and that I can be happy again."
A second victim, Brenda Meininger, said that "I suffered anxiety going to the doctor. It was really hard for me going to the doctor alone. I break down and cry. I had to have friends come with me as moral support. I'm an adult, and that's embarrassing. I really feel like the defendant needs to spend some time in jail. It doesn't sound like he thinks that what happened was anything serious."
Takasugi plead guilty to the assaults on June 5, 2009, and he was barred from practicing medicine in California permanently.
"I'm particularly taken by the repeat behavior involved here," the judge said. "If this were an isolated instance...and there were great contrition and full grasp of criminality, I think it would be a good case for probation. But that is not what we have here," Judge White said.
The judge said that Takasugi "created his own world" of guns, cars and sex and that he "objectified the people around him" in the process. Takasugi manipulated his victims "for his own satisfaction and amusement," White said.
The judge said, "He had created a sort of solipsistic existence," which wouldn't be criminal unto itself, until he "objectified" his victims, White said, to the point where he didn't think he did anything wrong. "These people who are players in this case, on the stage of his world, he used them for his own satisfaction, for amusement," White said.
Takasugi was supposed to have been sentenced earlier in November, but the previous court dates were postponed becase of his father's death, then a mental health hold. After he as led from the courtroom in shackles, one of his victims said that "I'm just really glad that this is done and that I can be happy again."
A second victim, Brenda Meininger, said that "I suffered anxiety going to the doctor. It was really hard for me going to the doctor alone. I break down and cry. I had to have friends come with me as moral support. I'm an adult, and that's embarrassing. I really feel like the defendant needs to spend some time in jail. It doesn't sound like he thinks that what happened was anything serious."
Takasugi plead guilty to the assaults on June 5, 2009, and he was barred from practicing medicine in California permanently.
Sunday, October 4, 2009
Monterey County doctor sentenced to 6 years for sodomizing acquaintence
A doctor who groomed and then raped women he went on dates with was sentenced to 6 years in prison Friday September 25. Carl Bergstrom, a remorseless "sexual predator," as referred to in his sentencing by Judge Russell Scott, was sentenced on the strength of the testimony by "Jane Doe #1," and the abuse of his position of trust by that assault on April 14, 2007. Bergstrom was convicted of sodomy on July 27.
"It does appear, from all of the evidence at trial ... the jury's verdict and your inability to stop, that you are a sexual predator," and his harsh words did not stop with the convicted, disgraced doctor.
Judge Scott excoriated defenders of Bergstrom, since they rolled their eyes in disbelief during the victim impact statement by Jane Doe #1.
"That's wrong. There's something wrong with that," the judge said, asking them if they would feel the same way if it were their daughter or granddaughter who had been assaulted by Bergstrom.
During the trial, Scott said, he heard and watched the victim, who "literally curled up on the witness stand" as she described the assault and her resulting injuries.
"I am not in disbelief," he said. "There is very little doubt ... this jury reached the correct verdict."
During the closing arguments, defense attorney Tom Worthington stated that Jane Doe 1 needed to take some responsibility. "What were you expecting when you drank in a bar with the doctor, went to his home with no ride home, allowed him to kiss you and put his hand under your shirt?"
Prosecutor Johnson responded by pointing out the victim's injuries and her one week hospital stay, stating that as a remorseless predator of women, Bergstrom "deserves no mercy."
"That question is best answered by asking, what weren't you expecting," Judge Scott said.
"Jane Doe 1" testified that Bergstrom, 53, attacked her in his home after the two spent an evening drinking and socializing in Carmel. She said they were on his couch and she remembers kissing him, then "fading out." She was jarred awake when Bergstrom began sodomizing her as she was on her knees in front of the couch.
She said she repeatedly screamed for him to stop but he continued by physically restraining her. When he eventually left the room, she fled and called 911 from outside his home.
A 12-hour rape examination that followed detailed severe injuries from the assault as well as a fall as she tried to flee.
In her statement to the court, the woman said she still suffers from the physical and emotional injuries of the night. She said she is ashamed and feels the small community she works in knows who she is.
Two other women testified at his trial that they were sexually assaulted by him, though Bergstrom was not charged in their cases.
Jane Doe 3
Scott said he was particularly convinced by the testimony of Jane Doe 3, a young widow who testified that Bergstrom had similarly raped and sodomized her on a blind date that her daughters convinced her to go on.
Chastising Bergstrom's supporters, he read from a transcript of her first statement to an investigator, delivered after Bergstrom's trial had already begun in July. She had never reported the assault because she didn't want her daughters to know and feel responsible.
In the end the woman testified as Jane Doe 3. Like Jane Doe 1, the woman said Bergstrom forced himself on her after a night of drinking and socializing. Like Jane Doe 2, who described a similar assault, she said she felt she had been drugged.
Bergstrom's defense attorney's motion for a new trial, based of a detailed definition of consent and the belief that the prosecutor was inviting the jury to convict Bergstrom of an uncharged crime of sexual assault of an intoxicated person, was denied.
Bergstrom's license to practice medicine is also in jeopardy. On the day of the conviction, Bergstrom was charged by the Medical Board Of California with the use and solicitation for sale of cocaine, and for practising medicine from jail.
During his sentencing hearing, prosecutor Cristina Johnson said jailhouse recordings captured Bergstrom giving medical advice to his patients over the phone, then soliciting money from them to pay for his criminal defense.
The board's accusation cites another tape recording as well. In 2007, according to court records, Bergstrom inadvertently left his dictation recorder running in his office for 5½ hours. It recorded him trading cocaine for cash and prescription drugs, using cocaine and offering to sell it or trade it for sex.
According to the accusation, the medical board subpoenaed a copy of the tape from Community Hospital of the Monterey Peninsula in July.
According to California law, sex offenders must have their medical licenses revoked for a period of 5 years minimum, and remain revoked until 3 years after successful parole completion. Bergstrom's license was suspended upon conviction. Bergstrom may petition the Monterey County Superior Court for a finding of rehabilitation, at which point the California Medical Board may decide to reinstate his license, a process that according to Deputy Attorney General Lawrence Mercer, won't happen.
"He's not coming back. What, he's coming back as a 66-year-old ex-con? I don't think he's going to make much of an impression."
"It does appear, from all of the evidence at trial ... the jury's verdict and your inability to stop, that you are a sexual predator," and his harsh words did not stop with the convicted, disgraced doctor.
Judge Scott excoriated defenders of Bergstrom, since they rolled their eyes in disbelief during the victim impact statement by Jane Doe #1.
"That's wrong. There's something wrong with that," the judge said, asking them if they would feel the same way if it were their daughter or granddaughter who had been assaulted by Bergstrom.
During the trial, Scott said, he heard and watched the victim, who "literally curled up on the witness stand" as she described the assault and her resulting injuries.
"I am not in disbelief," he said. "There is very little doubt ... this jury reached the correct verdict."
During the closing arguments, defense attorney Tom Worthington stated that Jane Doe 1 needed to take some responsibility. "What were you expecting when you drank in a bar with the doctor, went to his home with no ride home, allowed him to kiss you and put his hand under your shirt?"
Prosecutor Johnson responded by pointing out the victim's injuries and her one week hospital stay, stating that as a remorseless predator of women, Bergstrom "deserves no mercy."
"That question is best answered by asking, what weren't you expecting," Judge Scott said.
"Jane Doe 1" testified that Bergstrom, 53, attacked her in his home after the two spent an evening drinking and socializing in Carmel. She said they were on his couch and she remembers kissing him, then "fading out." She was jarred awake when Bergstrom began sodomizing her as she was on her knees in front of the couch.
She said she repeatedly screamed for him to stop but he continued by physically restraining her. When he eventually left the room, she fled and called 911 from outside his home.
A 12-hour rape examination that followed detailed severe injuries from the assault as well as a fall as she tried to flee.
In her statement to the court, the woman said she still suffers from the physical and emotional injuries of the night. She said she is ashamed and feels the small community she works in knows who she is.
Two other women testified at his trial that they were sexually assaulted by him, though Bergstrom was not charged in their cases.
Jane Doe 3
Scott said he was particularly convinced by the testimony of Jane Doe 3, a young widow who testified that Bergstrom had similarly raped and sodomized her on a blind date that her daughters convinced her to go on.
Chastising Bergstrom's supporters, he read from a transcript of her first statement to an investigator, delivered after Bergstrom's trial had already begun in July. She had never reported the assault because she didn't want her daughters to know and feel responsible.
In the end the woman testified as Jane Doe 3. Like Jane Doe 1, the woman said Bergstrom forced himself on her after a night of drinking and socializing. Like Jane Doe 2, who described a similar assault, she said she felt she had been drugged.
Bergstrom's defense attorney's motion for a new trial, based of a detailed definition of consent and the belief that the prosecutor was inviting the jury to convict Bergstrom of an uncharged crime of sexual assault of an intoxicated person, was denied.
Bergstrom's license to practice medicine is also in jeopardy. On the day of the conviction, Bergstrom was charged by the Medical Board Of California with the use and solicitation for sale of cocaine, and for practising medicine from jail.
During his sentencing hearing, prosecutor Cristina Johnson said jailhouse recordings captured Bergstrom giving medical advice to his patients over the phone, then soliciting money from them to pay for his criminal defense.
The board's accusation cites another tape recording as well. In 2007, according to court records, Bergstrom inadvertently left his dictation recorder running in his office for 5½ hours. It recorded him trading cocaine for cash and prescription drugs, using cocaine and offering to sell it or trade it for sex.
According to the accusation, the medical board subpoenaed a copy of the tape from Community Hospital of the Monterey Peninsula in July.
According to California law, sex offenders must have their medical licenses revoked for a period of 5 years minimum, and remain revoked until 3 years after successful parole completion. Bergstrom's license was suspended upon conviction. Bergstrom may petition the Monterey County Superior Court for a finding of rehabilitation, at which point the California Medical Board may decide to reinstate his license, a process that according to Deputy Attorney General Lawrence Mercer, won't happen.
"He's not coming back. What, he's coming back as a 66-year-old ex-con? I don't think he's going to make much of an impression."
Sunday, December 14, 2008
Joffe loses license for sexual abuse of patients after weight loss surgery
Dr. Jacobo Joffe, a 59 year old general surgeon, had his medical licence revoked by the Ontario College of Physicians and Surgeons after he was found guilty of the sexual abuse of four female patients he pursued "romantic" relationships with.
Joffe initially hugged and kissed the two women – identified only as Patient A and Patient B – and told them they were attractive, the panel was told. That summer he engaged in "sexual touching and kissing" with Patient A in his office. He told both women at a Christmas party they were "hot," kissed them on the lips and hugged them.
In January 2004 Joffe met both at a hotel, where he engaged them in sexual touching and kissing. He also later "engaged Patient A in oral sex as well as intercourse at her residence," according to disciplinary hearing documents.
Between January 2004 and 2006, according to the documents, Joffe continued to meet the two women, who were still his patients, at least every two weeks, engaging in sexual acts with them separately and together, in their home and his office.
He also used "illicit drugs" with them which he asked Patient A to buy, according to the documents.
Joffe initially hugged and kissed the two women – identified only as Patient A and Patient B – and told them they were attractive, the panel was told. That summer he engaged in "sexual touching and kissing" with Patient A in his office. He told both women at a Christmas party they were "hot," kissed them on the lips and hugged them.
In January 2004 Joffe met both at a hotel, where he engaged them in sexual touching and kissing. He also later "engaged Patient A in oral sex as well as intercourse at her residence," according to disciplinary hearing documents.
Between January 2004 and 2006, according to the documents, Joffe continued to meet the two women, who were still his patients, at least every two weeks, engaging in sexual acts with them separately and together, in their home and his office.
He also used "illicit drugs" with them which he asked Patient A to buy, according to the documents.
Monday, November 17, 2008
Groping doctor sentenced to 2 months home confinement
Dr. Mathew Burman, who lives in Southfield, MI, but works in Bloomfield Township, MI, was sentenced to 60 days on a tether and 5 years probation after groping a female patient from Waterford Township at his practice. The victim and perp are both 63, and the incident occured after an eye exam in August 2007, when he claimed that he needed to check his victim's heart rate. Three other women testified that Dr. Burman inappropriately touched them.
Saturday, September 13, 2008
"Butcher of Bega" charged with assaulting patients
Australian doctor charged with assaulting patients
By KRISTEN GELINEAU Associated Press Writer
Posted: Wednesday, Sep. 10, 2008
SYDNEY, Australia A former gynecologist was arrested Wednesday in Australia on charges that he sexually assaulted several patients and mutilated the genitals of at least one of them during surgery, authorities said.
Graeme Reeves, 58, was arrested in Sydney following an investigation into 113 allegations of misconduct involving at least 10 patients between 2001 and 2003 in Sydney and the southern New South Wales town of Bega.
Reeves, dubbed the "Butcher of Bega" by the Australian media, was charged with nine counts of aggravated sexual assault, six counts of indecent assault, one count of female genital mutilation and one count of maliciously inflicting grievous bodily harm.
He faces life in prison if convicted on all charges.
Reeves appeared briefly in court Wednesday but did not enter a plea. His lawyer, Greg Murray, argued for bail, but Parramatta Local Court Magistrate James Garbett rejected the request, calling the former doctor a flight risk. Reeves' next court appearance is scheduled for Nov. 5.
A message left on Murray's mobile phone seeking comment was not immediately returned.
Child Protection and Sex Crimes Squad Superintendent John Kerlatec said in a statement that the charges filed against Reeves "are a testament of the courage demonstrated by these women who have bravely come forward to report such traumatic events."
One patient, who underwent surgery in 2002 to remove a lesion from her labia, told reporters earlier this year that as she was falling asleep from general anesthesia before the operation, Reeves whispered to her that he planned to remove her clitoris. The woman said all her external genitalia were removed during the operation.
Reeves was appointed as a visiting medical officer in obstetrics and gynecology at Sydney's Hornsby Ku-ring-gai Hospital in 1985. Over the next 15 years, 35 complaints were lodged against him by co-workers and patients, including accusations that he bullied staff and failed to offer patients proper anesthesia and pain relief during procedures.
In 1997, a professional standards committee of the state's medical board held an inquiry into
Reeves' conduct after one of his patients died of septicemia after giving birth because he refused to give her antibiotics. The board found him guilty of unsatisfactory professional conduct and ordered him to stop practicing obstetrics - though he was allowed to continue working as a doctor at various hospitals.
Reeves also was ordered to receive psychiatric treatment after the board determined he suffered from personality problems and depression that impaired his ability to practice medicine.
But Reeves continued to practice obstetrics. In 2004, his license was revoked for defying the board's orders.
Police declined to release additional details of the allegations against Reeves.
By KRISTEN GELINEAU Associated Press Writer
Posted: Wednesday, Sep. 10, 2008
SYDNEY, Australia A former gynecologist was arrested Wednesday in Australia on charges that he sexually assaulted several patients and mutilated the genitals of at least one of them during surgery, authorities said.
Graeme Reeves, 58, was arrested in Sydney following an investigation into 113 allegations of misconduct involving at least 10 patients between 2001 and 2003 in Sydney and the southern New South Wales town of Bega.
Reeves, dubbed the "Butcher of Bega" by the Australian media, was charged with nine counts of aggravated sexual assault, six counts of indecent assault, one count of female genital mutilation and one count of maliciously inflicting grievous bodily harm.
He faces life in prison if convicted on all charges.
Reeves appeared briefly in court Wednesday but did not enter a plea. His lawyer, Greg Murray, argued for bail, but Parramatta Local Court Magistrate James Garbett rejected the request, calling the former doctor a flight risk. Reeves' next court appearance is scheduled for Nov. 5.
A message left on Murray's mobile phone seeking comment was not immediately returned.
Child Protection and Sex Crimes Squad Superintendent John Kerlatec said in a statement that the charges filed against Reeves "are a testament of the courage demonstrated by these women who have bravely come forward to report such traumatic events."
One patient, who underwent surgery in 2002 to remove a lesion from her labia, told reporters earlier this year that as she was falling asleep from general anesthesia before the operation, Reeves whispered to her that he planned to remove her clitoris. The woman said all her external genitalia were removed during the operation.
Reeves was appointed as a visiting medical officer in obstetrics and gynecology at Sydney's Hornsby Ku-ring-gai Hospital in 1985. Over the next 15 years, 35 complaints were lodged against him by co-workers and patients, including accusations that he bullied staff and failed to offer patients proper anesthesia and pain relief during procedures.
In 1997, a professional standards committee of the state's medical board held an inquiry into
Reeves' conduct after one of his patients died of septicemia after giving birth because he refused to give her antibiotics. The board found him guilty of unsatisfactory professional conduct and ordered him to stop practicing obstetrics - though he was allowed to continue working as a doctor at various hospitals.
Reeves also was ordered to receive psychiatric treatment after the board determined he suffered from personality problems and depression that impaired his ability to practice medicine.
But Reeves continued to practice obstetrics. In 2004, his license was revoked for defying the board's orders.
Police declined to release additional details of the allegations against Reeves.
Thursday, August 21, 2008
Wisconsin prison doctor accused of sexually assaulting male inmates
A former Stanley Correctional Facility physician is facing 6 felony counts of sexual assault after allegedly using his position to sexually assault patients. 46 year old Brian Bohlmann, of Madison, was charged in Chippewa County Court yesterday with 3 counts of 2nd degree sexual assault by correctional staff, 2 counts of 3rd degree sexual assault and a count of 4th degree sexual assault. The second degree charges carry a maximum 40 year sentence, and 3rd degree sex assault carries a maximum 10 year sentence in a Wisconsin prison.
According to the criminal complaint: An inmate at the prison first reported on Sept. 19, 2007 that two days before he had been sexually assaulted by Bohlmann. The 25-year-old man said he went to the doctor for a back problem, but Bohlmann’s exam concentrated on the genital and rectal areas and included collection of seminal fluid. He said after the exam, Bohlmann told him they had to keep things between themselves or they could get in trouble.
In October 2007, another inmate went to Bohlmann for a routine physical, including a complaint about pimples on his side, and the exam included the doctor running ungloved hands over his body and genital contact.The inmate said at one point he put his clothes back on and Bohlmann had him undress again for a prostate exam.Another inmate reported that in September 2007 he went to Bohlmann about a rash on his waistline, under his arms and on his knees and Bohlmann’s exam included genital contact and a rectal exam that the inmate felt went on too long.
As a result of complaints, the medical supervisor for the Department of Corrections ordered Bohlmann not to do any below-the-waist exams without another staff member present.
DA Jon Thiessen stated that the charges came after a thorough investigation of Wisconsin’s Department of Justice. His statement summarizing the reasons for the charges is shown below.
“Medical doctors take a Hippocratic Oath wherein they swear to protect their patients from harm and injustice. It is despicably ironic and unjust that any doctor would use his or her position to sexually harm patients. The Chippewa County District Attorney’s Office zealously prosecutes all sexual offenders. This office has earned a reputation for successful prosecution in support of sexually assaulted women, children and disabled. All victims, including prison inmates, deserve our aggressive prosecution of their offenders.”
Bohlmann will make an initial court appearance October 28.
According to the criminal complaint: An inmate at the prison first reported on Sept. 19, 2007 that two days before he had been sexually assaulted by Bohlmann. The 25-year-old man said he went to the doctor for a back problem, but Bohlmann’s exam concentrated on the genital and rectal areas and included collection of seminal fluid. He said after the exam, Bohlmann told him they had to keep things between themselves or they could get in trouble.
In October 2007, another inmate went to Bohlmann for a routine physical, including a complaint about pimples on his side, and the exam included the doctor running ungloved hands over his body and genital contact.The inmate said at one point he put his clothes back on and Bohlmann had him undress again for a prostate exam.Another inmate reported that in September 2007 he went to Bohlmann about a rash on his waistline, under his arms and on his knees and Bohlmann’s exam included genital contact and a rectal exam that the inmate felt went on too long.
As a result of complaints, the medical supervisor for the Department of Corrections ordered Bohlmann not to do any below-the-waist exams without another staff member present.
DA Jon Thiessen stated that the charges came after a thorough investigation of Wisconsin’s Department of Justice. His statement summarizing the reasons for the charges is shown below.
“Medical doctors take a Hippocratic Oath wherein they swear to protect their patients from harm and injustice. It is despicably ironic and unjust that any doctor would use his or her position to sexually harm patients. The Chippewa County District Attorney’s Office zealously prosecutes all sexual offenders. This office has earned a reputation for successful prosecution in support of sexually assaulted women, children and disabled. All victims, including prison inmates, deserve our aggressive prosecution of their offenders.”
Bohlmann will make an initial court appearance October 28.
Wednesday, June 11, 2008
Arkansas doctor faces sex charges involving at least 2 patients
Dr. Clarence Jay Arendall, a doctor who practices in Alma, AR, is a fugitive, wanted for two counts of 2nd degree sexual assault of women patients at his clinic. The warrant for his arrest went out two days ago. His clinic has a sign posted stating "Closed For Spring Break," which ended a week ago.
The doctor, who according to reports is married with several kids, reportedly took on patients who could not afford monetary payment, and worked them into his schedule. [Perhaps this is how he allegedly was able to take advantage of vulnerable women - by payment in sexual favors instead of cash?]
Meanwhile, Jennifer Porter who works next door says Arendall has taken several mission trips with his church. She says that patients have come in repeatedly over the last week looking for the physician.
"They just want know where he is if we've heard anything seen anything," Porter explained. "They're just really concerned about how they're going to get their records and what to do a lot of them needed follow up care. He's had a lot of them on medications they had questions about. It's sad because they don't know what to do."
Dr. Arendall graduated from the University of Arkansas for Medical Sciences in 2003. He was issued a license by the Arkansas State Medical Board in December 2002. It expires in May of this year. Any potential actions taken against his license would have to come from the board.
Detective Hartley stated that there were two women victims, and the investigation, and there was joint effort between the Alma and Arkansas State police forces in the investigation.
(Update 4-3-08) The number of women allegedly abused by Arendall has grown from 2 to 4, and he was captured Tuesday, along with money from a Ft. Smith deposit box and records which contained patient information. The accounts at his bank are frozen due to a pending divorce. On Wednesday, April 2, Arendall pled not guilty to two counts of 2nd degree sexual assault. Sexual assault in Arkansas carries a 5 to 20 year prison sentence and a $15,000 fine. Arendall was released on $25,000 bail under conditions including no contact with alleged victims and surrendering his passport.
(Update 6-11-08) Dr. Arendall was brought before the Arkansas State Medical Board Thursday, June 5.
Dr. William Clarence Jay Arendall is accused of fondling two patients who visited him at his Alma clinic in mid-February. Arendall is charged with two counts of second-degree sexual abuse in Crawford County Circuit Court. The board issued an emergency order to suspend his medical license April 17.
Arendall, who has been licensed to practice medicine since 2002, denies the women’s charges. The board delayed action on his case until its Aug. 7-8 meeting to allow him to have an attorney present, and so the board can summon other women to testify.
During Thursday’s hearing, a 25-year-old Lavaca woman testified Arendall touched her inappropriately when she went to see him about back pain on Feb. 13. She said he pulled down her pants and underwear, touched her inappropriately and made sexual comments about her body. The woman reported the incident to the Alma Police Department that day.
A 45-year-old woman testified that Arendall removed her pants, rubbed her genitals and made sexually suggestive comments. The woman said she was in shock after it happened. She said she had been a patient of Arendall’s for six years, and he had never acted inappropriately before.
“Dr. Arendall I considered my friend, not only my doctor,” she said crying. “It was really hard for me to [report him].”
Arendall said he didn’t do “unclothed” exams on either woman.
“I always had a chaperone present when there would have been any type of unclothed physical,” he said.
His wife, Karla Arendall, testified that she was working in the office the days the women came in. Her desk is only about 10 feet from the exam rooms, and she would have heard if anything inappropriate were said, she said.
“The walls are thin,” Karla Arendall said. “It’s a small clinic and you can hear just about anything.” Both women have filed lawsuits against Arendall in Crawford County Circuit Court.
According to Brett Hartley of the Alma Police Department, 14 women have brought complaints against him, and there are now 2 lawsuits against him.
The doctor, who according to reports is married with several kids, reportedly took on patients who could not afford monetary payment, and worked them into his schedule. [Perhaps this is how he allegedly was able to take advantage of vulnerable women - by payment in sexual favors instead of cash?]
Meanwhile, Jennifer Porter who works next door says Arendall has taken several mission trips with his church. She says that patients have come in repeatedly over the last week looking for the physician.
"They just want know where he is if we've heard anything seen anything," Porter explained. "They're just really concerned about how they're going to get their records and what to do a lot of them needed follow up care. He's had a lot of them on medications they had questions about. It's sad because they don't know what to do."
Dr. Arendall graduated from the University of Arkansas for Medical Sciences in 2003. He was issued a license by the Arkansas State Medical Board in December 2002. It expires in May of this year. Any potential actions taken against his license would have to come from the board.
Detective Hartley stated that there were two women victims, and the investigation, and there was joint effort between the Alma and Arkansas State police forces in the investigation.
(Update 4-3-08) The number of women allegedly abused by Arendall has grown from 2 to 4, and he was captured Tuesday, along with money from a Ft. Smith deposit box and records which contained patient information. The accounts at his bank are frozen due to a pending divorce. On Wednesday, April 2, Arendall pled not guilty to two counts of 2nd degree sexual assault. Sexual assault in Arkansas carries a 5 to 20 year prison sentence and a $15,000 fine. Arendall was released on $25,000 bail under conditions including no contact with alleged victims and surrendering his passport.
(Update 6-11-08) Dr. Arendall was brought before the Arkansas State Medical Board Thursday, June 5.
Dr. William Clarence Jay Arendall is accused of fondling two patients who visited him at his Alma clinic in mid-February. Arendall is charged with two counts of second-degree sexual abuse in Crawford County Circuit Court. The board issued an emergency order to suspend his medical license April 17.
Arendall, who has been licensed to practice medicine since 2002, denies the women’s charges. The board delayed action on his case until its Aug. 7-8 meeting to allow him to have an attorney present, and so the board can summon other women to testify.
During Thursday’s hearing, a 25-year-old Lavaca woman testified Arendall touched her inappropriately when she went to see him about back pain on Feb. 13. She said he pulled down her pants and underwear, touched her inappropriately and made sexual comments about her body. The woman reported the incident to the Alma Police Department that day.
A 45-year-old woman testified that Arendall removed her pants, rubbed her genitals and made sexually suggestive comments. The woman said she was in shock after it happened. She said she had been a patient of Arendall’s for six years, and he had never acted inappropriately before.
“Dr. Arendall I considered my friend, not only my doctor,” she said crying. “It was really hard for me to [report him].”
Arendall said he didn’t do “unclothed” exams on either woman.
“I always had a chaperone present when there would have been any type of unclothed physical,” he said.
His wife, Karla Arendall, testified that she was working in the office the days the women came in. Her desk is only about 10 feet from the exam rooms, and she would have heard if anything inappropriate were said, she said.
“The walls are thin,” Karla Arendall said. “It’s a small clinic and you can hear just about anything.” Both women have filed lawsuits against Arendall in Crawford County Circuit Court.
According to Brett Hartley of the Alma Police Department, 14 women have brought complaints against him, and there are now 2 lawsuits against him.
Saturday, June 7, 2008
Suburban Orlando doctor accused of groping patient, more victims feared
Dr. Mahumudul Haq , a Kissimee, FL gastroenterologist, was charged with groping a 25 year old woman at his office last April. The doctor, who has been working for 8 years out of that office, was arrested by Kissimmee police early Thursday morning and released later that day.
It was late April when a 25-year-old patient went to see the licensed stomach doctor. She claims, after a nurse left the room, Haq pulled open her shirt and started fondling her breasts, something police say should never have been done to a patient visiting for a gastrointestinal problem.
"He did, in fact, touch her breasts. She was not there for a breast exam," said Stacie Miller, Kissimmee Police Department.
Haq bonded out of the Osceola County jail on the battery charges Thursday afternoon.
Police believe that there are more victims. A single groping charge is a misdemeanor, but multiple groping charges can be charged as felonies. Investigators are urging any current or former patients to call the Kissimee Police Department.
It was late April when a 25-year-old patient went to see the licensed stomach doctor. She claims, after a nurse left the room, Haq pulled open her shirt and started fondling her breasts, something police say should never have been done to a patient visiting for a gastrointestinal problem.
"He did, in fact, touch her breasts. She was not there for a breast exam," said Stacie Miller, Kissimmee Police Department.
Haq bonded out of the Osceola County jail on the battery charges Thursday afternoon.
Police believe that there are more victims. A single groping charge is a misdemeanor, but multiple groping charges can be charged as felonies. Investigators are urging any current or former patients to call the Kissimee Police Department.
Thursday, May 29, 2008
Chicago foot doctor convicted of sexual abuse in bench trial
(Original Story 3-29-08)
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
A prominent South Side (of Chicago) foot doctor, Dr. Anthony Overton, is facing trial in a sexual abuse case involving inappropriate touching of female patients before foot surgeries. Thursday's testimony involved a 52 year old woman not involved in the charging complaint, but who testified the doctor molested her in connection with bunion surgery many times in 2005, culminating when Overton asked her to drop her pants to her knees during a post operation checkup.
Overton is charged with two counts of criminal sexual assault and a count of criminal sexual abuse of a 76 year old woman. He is currently undergoing a bench trial (without a jury) in the courtroom of Cook County Circuit Judge Michael Toomin.
The charges stem from the alleged sexual assault of the 76-year-old, but others came forward and were allowed to testify at the trial, said Tandra Simonton, a spokeswoman for the state's attorney's office.
The woman who testified Thursday said she heard about the allegations on the radio while she was at work and decided to tell authorities.She alleged that the abuse began in August 2005 when she went to Overton's office for an initial visit before bunions were to be removed from her feet.Even though she told the podiatrist that she had a pre-surgical examination with her primary-care physician, Overton insisted on doing another physical, she testified. He touched her inappropriately, she said.
On the day of her surgery at Jackson Park Hospital, Overton walked over to her in the surgical waiting area, pulled the curtain around the bed, checked her heart rate and then inappropriately touched her, the woman testified."I was shocked," the woman said.
"He checked my feet and had me pull my pants down to my knees," the woman said.
Overton against asked the woman to drop her pants, and in this incident in December 2005, she finally confronted him.
"I asked him, 'What does that have to do with my feet?' " the woman said. "He said, 'You can have a nurse in here the next time.' "
Bill Hooks, Overton's defense attorney, cross examined the victim and got her to admit that she never took her complaints to authorities, either regulatory or law enforcement, and got her to acknowledged that she checked a form citing excessive bleeding. The defense attorney implied that Overton's touching was to check for bleeding.
(Update 4-3-08) Overton's ruling will be declared on April 21. Prosecutors in closing arguments Wednedsay April 2 said that Overton had no legitimate reason to give anthing other than foot exams to patients.
Isn't this just common sense?" said Asst. State's Atty. Cheryl Galvin. "Does it make any sense to go to a proctologist to have your teeth cleaned?"Overton, 64, of Olympia Fields is on trial in Cook County Criminal Court for allegedly fondling an elderly woman and giving her a vaginal and rectal examination. The woman had sought treatment for a sprained ankle in 2006. She was 75 at the time.
Overton has said he frequently gave full-body physicals to patients to diagnose other problems that may affect his patients' feet. He said it was sometimes necessary to conduct breast, vaginal and rectal exams to check for other ailments.
(Update 4-21-08) Overton was convicted of two counts of aggravated criminal sexual assault following the bench trial (trial by a judge alone) by Circuit Judge Michael P. Toomin. He faces a mandatory minimum sentence of 12 years in prison.
Aggravated criminal sexual assault is a felony punishable by 6 to 30 years in prison per count in Illinois, and if a sex offender is convicted on more than one count, the counts must be served consecutively. Unlike most crimes, where 50% remission is granted, if someone sentenced to prison for aggravated criminal sexual assault is on their best behavior, they can only get 15% remission. Assuming Overton is sentenced to the minimum 12 years, he'll serve at least 10.2 years.
(Update 5-29-08) Overton was sentenced to 6 years in prison, meaning that the minimum sentence will be 5.1 years, assuming good behavior. Speaking of which, Judge Toomin cited Overton's formerly impeccable behavior in the community as the reason that he had the sentences run concurrently, not consecutively.
In explaining his leniency, Circuit Court Judge Michael Toomin said in his 28 years as a judge he had never seen a defendant with a more impeccable background. He noted that Overton, a doctor with four advanced degrees, had never been charged with a crime previously. He added that he had received dozens of letters in support of the podiatrist.
Prosecutors were miffed and Judge Toomin expects an appeal.
"I would have liked to have seen a bigger sentence. The mandatory minimum is 12 years," Assistant States Attorney Cheryl Galvin said.
Friday, May 23, 2008
Chiropractor charged with groping patient
A Middletown chiropractor who was featured on the Fox network’s Marriage 911 show was charged with forcible touching, a misdemeanor for groping a woman under his care. Christopher King, 48, on Goshen was released on $500 bail.
In 2005, King's family was on Fox Network's "Nanny 911" to get help with their unruly children. Then King and his wife were featured as an argumentative couple on their own short-lived spin-off, "Marriage 911."
A Fox news release for the "Nanny 911" episodes called King "a self-proclaimed 'old-fashioned guy'" who expected his wife to do all the chores and raise their five kids.
According to Detective Sgt. Gerald Mishk, after a woman finished a chiropractic treatment, she was lying down on a table. King began to say suggestive things to her, then squezzed her breast after sliding his hand under her.
James Monroe, King’s lawyer, and Jeffery Spina, who is King’s empoyer, both believe in King’s innocence.
The lawyer stated that "Dr. King adamantly denies any wrongdoing, and the practice remains committed to delivering quality health care to their patients."
Spina said: "It doesn't make sense to me, knowing the circumstances, but I believe he's innocent."
Yesterday, the patient and her husband spoke out.
The patient had spinal surgery two years ago for a degenerative condition. She weaned herself off pain medications, and two months ago started going to Dolson Avenue Medical for chiropractic and other treatments.
She says King made remarks and asked questions that made her uncomfortable, but she shrugged them off.
After treating her on May 13, her husband says, King started asking the woman about her orgasms. She got off King's table, walked to the physical therapy area and lay down there. King walked over and started to rub her shoulders, the husband says, and that's when he groped her. When she resisted, he says, King pushed her down, told her to relax and fondled her other breast.
"I'm definitely afraid to go to a doctor right now," she said. "I don't sleep. I'm sick to my stomach. It's awful."
The victim and her husband went to police May 16, and hopes other victims do the same.
In 2005, King's family was on Fox Network's "Nanny 911" to get help with their unruly children. Then King and his wife were featured as an argumentative couple on their own short-lived spin-off, "Marriage 911."
A Fox news release for the "Nanny 911" episodes called King "a self-proclaimed 'old-fashioned guy'" who expected his wife to do all the chores and raise their five kids.
According to Detective Sgt. Gerald Mishk, after a woman finished a chiropractic treatment, she was lying down on a table. King began to say suggestive things to her, then squezzed her breast after sliding his hand under her.
James Monroe, King’s lawyer, and Jeffery Spina, who is King’s empoyer, both believe in King’s innocence.
The lawyer stated that "Dr. King adamantly denies any wrongdoing, and the practice remains committed to delivering quality health care to their patients."
Spina said: "It doesn't make sense to me, knowing the circumstances, but I believe he's innocent."
Yesterday, the patient and her husband spoke out.
The patient had spinal surgery two years ago for a degenerative condition. She weaned herself off pain medications, and two months ago started going to Dolson Avenue Medical for chiropractic and other treatments.
She says King made remarks and asked questions that made her uncomfortable, but she shrugged them off.
After treating her on May 13, her husband says, King started asking the woman about her orgasms. She got off King's table, walked to the physical therapy area and lay down there. King walked over and started to rub her shoulders, the husband says, and that's when he groped her. When she resisted, he says, King pushed her down, told her to relax and fondled her other breast.
"I'm definitely afraid to go to a doctor right now," she said. "I don't sleep. I'm sick to my stomach. It's awful."
The victim and her husband went to police May 16, and hopes other victims do the same.
Wednesday, May 7, 2008
Massachusetts seks to criminalize "rape by fraud"- but questions arise about scope of law
(Original Post 2-2-08)
Two sexual assault victims were denied their chance to get justice after a loophole in a 50 year old law permits trickery to be used to obtain sexual "consent." Prosecutors were forced to drop rape charges against a Massachusetts pharmacist who posed as a gynecologist and examined two victims because of an outdated law which defines rape as sexual activity obtained by force instead of by fraud.
According to the AP story,
Police charged pharmacist Nicholas Creanza with rape after he allegedly lured the women into the back room of his Springfield pharmacy and gave them exams. Because the women consented to the exams, even though they were being deceived, by law it could not be considered rape, Hampden County prosecutors said in dropping the charges.
Justices of the Supreme Judicial Court urged lawmakers to close that loophole in the law in a 2007 case in which they found a man could not be prosecuted for rape for duping his brother's girlfriend into having sex.
The SJC's 2007 ruling came in the case of a Westfield man who was accused of impersonating his brother and raping his brother's girlfriend in a darkened room. The woman told police she was asleep alone in the bedroom she shared with her longtime boyfriend when a man came in, climbed into bed and had sexual intercourse with her. The woman said that during the intercourse she believed the man was her boyfriend, and if she known it was his brother, she would not have consented.
Because the assault were done using trickery and fraud instead of force, and also because of an outdated law, the fake gynecologist cannot be charged with rape, and therefore, charges were dropped.
"The facts and circumstances of this case clearly indicate that the victim's consent was obtained by fraud and deception. However, the Commonwealth is unable to proceed with the prosecution of this case in light of (the SJC ruling)," Assistant State's Attorney Elizabeth Dineen said.
Creanza was arrested in 2005 after two women told them he assaulted them at a Springfield pharmacy. One of the victims declined to file charges.
Wendy Murphy, a Boston attorney and woman's advocate who teaches courses of sexual violence, questioned the decision to drop the charges.
"It is not possible to consent to a medical exam by a nonmedical professional," she said. "If it's not a medical exam, what's left? It's a sexual assault."
In court papers, St. Clair said there was no evidence of rape or indecent assault and battery. He said the grand jury that indicted Creanza heard testimony that the woman was pregnant, and Creanza asked her if she was happy with her obstetrics care. When the woman said no, Creanza offered to make a referral. They then went to Creanza's office, where he performed an examination.St. Clair's memorandum said the woman never told Creanza she was uncomfortable or called out to the person in the next room.
Springfield police Sgt. John Delaney said he hopes the decision to drop the charges against Creanza will not have a chilling effect on rape victims."We can't be discouraged nor do we want victims to be discouraged when they come forward and something like this happens," Delaney said.
State Rep. Peter Koutoujian, D-Waltham, said he has been working with the Massachusetts District Attorneys Association to draft legislation that would add deceit and fraud to the rape statute."The way the law was written is the old understanding of what rape was. It was a forcible act," Koutoujian said."In fact, we know now through decades of work with victims that rape is not necessarily only a physical act. You don't need to use force in order to rape someone. It's really the act of consent that is more pivotal to the charge of rape."
Now 59, Creanza hopes to get his job back as a pharmacist. Neither he, nor his attorney had any comments.
The sexual assault victims in Creanza's case are still victims and still need healing. Creanza assaulted those women, but due to the unfortunate loophole, can't be charged. Consent cannot be obtained if there if trickery or fraud involved. There is also a fiduciary relationship between a doctor (whether a pharmacist or a gynecologist) and a patient which would have also precluded true consent. Here's hoping that the Massachusetts legislature gets moving on closing that loophole, and preventing a fourth victim. If the victims were 18 year olds involved with a high school teacher, there would be no loophole.
(Updated 5-7-08) Lawmakers in Massachusetts are angling to close this loophole, but the proposed law doesn't just criminalize fraudulent consent, it expands the definition of fraudulent consent to include false promises or misrepresentations to obtain sex that a reasonable person wouldn't have consented to.
The proposed law was drafted by state representative Peter Koutoujian, and is being supported by District Attorneys Joseph D. Early Jr. and Gerard Leone. The text goes as shown in this link:
Some commentators say that there are problems with the breadth and the criminalization of the wrong type of sexual "violators." Others say that sex between fiduciary figures and vulnerable victims should be criminalized. Eugene Volokh of the Volokh Conspiracy and a poster to the Huffington Post spells out potential problems:
So let's see how it plays out in the cheating situation. Alan and Beth are lovers. Beth has sex with Carl. She doesn't tell Alan (or, if Alan confronts her about his suspicions, denies it — that doesn't matter for purposes of the law), but then has sex with Alan again. That, under the law, is rape, so long as the jury or judge concludes that a reasonable person wouldn't have consented to have sex again with his lover had he known that she had cheated on him. Naturally, the same would apply with married couples, but this isn't even just a revival of criminal punishment for adultery — there's no requirement of marriage. (Note of course this would apply regardless of the sex, or sexual orientation, of the partners.)
And of course all this would require the case-by-case, jury-by-jury development of the Law of Reasonable Sexual Criteria, as Massachusetts courts have to decide whether a reasonable person would treat a sexual partner's poverty, age, promiscuity, infidelity, and other attributes as sexual deal-killers.
(Would it matter, by the way, how appealing the other person otherwise is? Would the jury have to decide whether the "victim" would have had sex with the "rapist" in any event, because the victim was so infatuated, or because the rapist was so hot? "True, Angelina Jolie didn't tell the victim that she was still in a sexual relationship with Billy Bob Thornton, but a reasonable man would have had sex with Angelina Jolie no matter what he knew about her"?)
Volokh has more about the issue of criminalization of sex obtained using false pretenses, and there is interesting discussions about when or whether it should be criminalized. In certain cases, like lying about the reason about the sexual encounter or relationship, civil remedies have been denied. Fake doctors and pretending to be another person should obviously be criminalized, as is obtaining consent while concealing an STD, but the key question is, where to draw the line?
Two sexual assault victims were denied their chance to get justice after a loophole in a 50 year old law permits trickery to be used to obtain sexual "consent." Prosecutors were forced to drop rape charges against a Massachusetts pharmacist who posed as a gynecologist and examined two victims because of an outdated law which defines rape as sexual activity obtained by force instead of by fraud.
According to the AP story,
Police charged pharmacist Nicholas Creanza with rape after he allegedly lured the women into the back room of his Springfield pharmacy and gave them exams. Because the women consented to the exams, even though they were being deceived, by law it could not be considered rape, Hampden County prosecutors said in dropping the charges.
Justices of the Supreme Judicial Court urged lawmakers to close that loophole in the law in a 2007 case in which they found a man could not be prosecuted for rape for duping his brother's girlfriend into having sex.
The SJC's 2007 ruling came in the case of a Westfield man who was accused of impersonating his brother and raping his brother's girlfriend in a darkened room. The woman told police she was asleep alone in the bedroom she shared with her longtime boyfriend when a man came in, climbed into bed and had sexual intercourse with her. The woman said that during the intercourse she believed the man was her boyfriend, and if she known it was his brother, she would not have consented.
Because the assault were done using trickery and fraud instead of force, and also because of an outdated law, the fake gynecologist cannot be charged with rape, and therefore, charges were dropped.
"The facts and circumstances of this case clearly indicate that the victim's consent was obtained by fraud and deception. However, the Commonwealth is unable to proceed with the prosecution of this case in light of (the SJC ruling)," Assistant State's Attorney Elizabeth Dineen said.
Creanza was arrested in 2005 after two women told them he assaulted them at a Springfield pharmacy. One of the victims declined to file charges.
Wendy Murphy, a Boston attorney and woman's advocate who teaches courses of sexual violence, questioned the decision to drop the charges.
"It is not possible to consent to a medical exam by a nonmedical professional," she said. "If it's not a medical exam, what's left? It's a sexual assault."
In court papers, St. Clair said there was no evidence of rape or indecent assault and battery. He said the grand jury that indicted Creanza heard testimony that the woman was pregnant, and Creanza asked her if she was happy with her obstetrics care. When the woman said no, Creanza offered to make a referral. They then went to Creanza's office, where he performed an examination.St. Clair's memorandum said the woman never told Creanza she was uncomfortable or called out to the person in the next room.
Springfield police Sgt. John Delaney said he hopes the decision to drop the charges against Creanza will not have a chilling effect on rape victims."We can't be discouraged nor do we want victims to be discouraged when they come forward and something like this happens," Delaney said.
State Rep. Peter Koutoujian, D-Waltham, said he has been working with the Massachusetts District Attorneys Association to draft legislation that would add deceit and fraud to the rape statute."The way the law was written is the old understanding of what rape was. It was a forcible act," Koutoujian said."In fact, we know now through decades of work with victims that rape is not necessarily only a physical act. You don't need to use force in order to rape someone. It's really the act of consent that is more pivotal to the charge of rape."
Now 59, Creanza hopes to get his job back as a pharmacist. Neither he, nor his attorney had any comments.
The sexual assault victims in Creanza's case are still victims and still need healing. Creanza assaulted those women, but due to the unfortunate loophole, can't be charged. Consent cannot be obtained if there if trickery or fraud involved. There is also a fiduciary relationship between a doctor (whether a pharmacist or a gynecologist) and a patient which would have also precluded true consent. Here's hoping that the Massachusetts legislature gets moving on closing that loophole, and preventing a fourth victim. If the victims were 18 year olds involved with a high school teacher, there would be no loophole.
(Updated 5-7-08) Lawmakers in Massachusetts are angling to close this loophole, but the proposed law doesn't just criminalize fraudulent consent, it expands the definition of fraudulent consent to include false promises or misrepresentations to obtain sex that a reasonable person wouldn't have consented to.
The proposed law was drafted by state representative Peter Koutoujian, and is being supported by District Attorneys Joseph D. Early Jr. and Gerard Leone. The text goes as shown in this link:
Some commentators say that there are problems with the breadth and the criminalization of the wrong type of sexual "violators." Others say that sex between fiduciary figures and vulnerable victims should be criminalized. Eugene Volokh of the Volokh Conspiracy and a poster to the Huffington Post spells out potential problems:
So let's see how it plays out in the cheating situation. Alan and Beth are lovers. Beth has sex with Carl. She doesn't tell Alan (or, if Alan confronts her about his suspicions, denies it — that doesn't matter for purposes of the law), but then has sex with Alan again. That, under the law, is rape, so long as the jury or judge concludes that a reasonable person wouldn't have consented to have sex again with his lover had he known that she had cheated on him. Naturally, the same would apply with married couples, but this isn't even just a revival of criminal punishment for adultery — there's no requirement of marriage. (Note of course this would apply regardless of the sex, or sexual orientation, of the partners.)
And of course all this would require the case-by-case, jury-by-jury development of the Law of Reasonable Sexual Criteria, as Massachusetts courts have to decide whether a reasonable person would treat a sexual partner's poverty, age, promiscuity, infidelity, and other attributes as sexual deal-killers.
(Would it matter, by the way, how appealing the other person otherwise is? Would the jury have to decide whether the "victim" would have had sex with the "rapist" in any event, because the victim was so infatuated, or because the rapist was so hot? "True, Angelina Jolie didn't tell the victim that she was still in a sexual relationship with Billy Bob Thornton, but a reasonable man would have had sex with Angelina Jolie no matter what he knew about her"?)
Volokh has more about the issue of criminalization of sex obtained using false pretenses, and there is interesting discussions about when or whether it should be criminalized. In certain cases, like lying about the reason about the sexual encounter or relationship, civil remedies have been denied. Fake doctors and pretending to be another person should obviously be criminalized, as is obtaining consent while concealing an STD, but the key question is, where to draw the line?
Wednesday, April 23, 2008
Dentist charged with sexual abuse of patient
A Flower Mound, TX dentist was arrested on charges of sexually abusing a woman patient at his dental practice on March 23. Spencer Lee Page, 32, was charged with 2nd degree sexual assault, punishable by between 2 and 20 years in prison. He is accused in an indictment dated April 14 of placing his hands down the woman's pants without her consent while she was under anesthesia.
"The complainant said she was assaulted and named Spencer as the one," said Lt. Wendell Mitchell of the Flower Mound Police Department. "A very in-depth investigation was conducted. We provided our information to the Denton County Grand Jury, and the grand jury issued an indictment and a warrant."According to a search warrant affidavit, the victim had gone to the dentist office for a procedure and was given Halcyon and Nitrous Oxide but was never completely unconscious. While under anesthesia, the victim recalled the dentist touched her.
The victim also recalled the dental assistant touching her, and when DNA samples were taken, the assistant gave one, but not Page.
"The complainant said she was assaulted and named Spencer as the one," said Lt. Wendell Mitchell of the Flower Mound Police Department. "A very in-depth investigation was conducted. We provided our information to the Denton County Grand Jury, and the grand jury issued an indictment and a warrant."According to a search warrant affidavit, the victim had gone to the dentist office for a procedure and was given Halcyon and Nitrous Oxide but was never completely unconscious. While under anesthesia, the victim recalled the dentist touched her.
The victim also recalled the dental assistant touching her, and when DNA samples were taken, the assistant gave one, but not Page.
Tuesday, January 15, 2008
Doctor charged with allegedly groping employee
A Sparta surgeon's preliminary hearing for allegations that he groped an employee is scheduled for January 31. Dr. Frantz Charles, 61 is charged with criminal sexual abuse and unlawful restraint, Class 4 felonies, as well as misdemeanor battery.
The DuQuoin (Il) Evening Call's Jan. 31 Hearing for Sparta M.D. Accused of Sexual Abuse:
A female employee who works part-time at Sparta Community Hospital alleges that Charles pulled her into a men's locker room at the hospital, forced her against a wall and inappropriately touched her.The doctor denies the charges, saying he had not seen the woman for several months and was simply trying to give her a hug. Sparta police officers arrested Charles at the hospital on Dec. 29, taking him to Randolph County Jail. Charles posted $1,000 bond and was released.
Sparta Community Hospital administrators are investigating him, and they have barred him from seeing any patients until their investigation is complete. Charles has worked at the hospital for 16 years.
The DuQuoin (Il) Evening Call's Jan. 31 Hearing for Sparta M.D. Accused of Sexual Abuse:
A female employee who works part-time at Sparta Community Hospital alleges that Charles pulled her into a men's locker room at the hospital, forced her against a wall and inappropriately touched her.The doctor denies the charges, saying he had not seen the woman for several months and was simply trying to give her a hug. Sparta police officers arrested Charles at the hospital on Dec. 29, taking him to Randolph County Jail. Charles posted $1,000 bond and was released.
Sparta Community Hospital administrators are investigating him, and they have barred him from seeing any patients until their investigation is complete. Charles has worked at the hospital for 16 years.
Sunday, January 13, 2008
Optometrist guilty of groping patients, must register as a sex offender
After Huntersville optometrist Chris Reynolds, 50, pleaded guilty to sexual battery, five victims, seated in the front gallery of the courtroom, went up to the judge and spoke about the damage Reynolds' groping and sexual violation did to their dignity.
The Charlotte Observer has a piece, Optometrist pleads guilty:
One [victim] cried as she recounted what Reynolds did to her during an eye exam. "I hope you get what you deserve," she said. Another woman described how Reynolds placed his hand on her breast, while also touching himself. "Mr. Reynolds is a sick and twisted man," she told the judge.
Mecklenburg District Judge Tom Moore sentenced Reynolds to 15 days in jail, fined him $5,000 and placed him on probation for three years. The judge also ordered Reynolds to register as a sex offender.
Reynolds, 50, was arrested in August and charged with misdemeanor sexual battery after police said a patient complained that the optometrist had touched her inappropriately during an eye exam. In October, he was charged with four additional counts of sexual battery.
Reynolds pleaded guilty to one count. In exchange, prosecutors dismissed the other four.
Assistant District Attorney Bruce Lillie, who offered the plea deal, said his main concern was to make sure Reynolds registered as a sex offender. "This man would never have seen the inside of a jail cell if it wasn't for these strong women who came forward to confront him."
North Carolina's sex offender registry is an online tool that allows people to find out the names and addresses of convicted sex offenders. Residents can map registered offenders' addresses up to 5 miles from a home, school, child care center or park.
Huntersville Detective Jen Sprague detailed how the allegations, initially involving a single patient, mushroomed to involved 27 patients.
Kevin Barnett, an attorney for Reynolds, said his client is being treated for his addiction. [Note: Most sex addicts only hurt themselves or their families. Sex offenders always hurt others.]
"Dr. Reynolds is remorseful that he did this- He pleaded guilty because he was guilty." attorney Jerry Parnell said later. Though the women didn't want to talk to reporters, one said, "It's never enough," after being asked about the 15-day jail term.
The Charlotte Observer has a piece, Optometrist pleads guilty:
One [victim] cried as she recounted what Reynolds did to her during an eye exam. "I hope you get what you deserve," she said. Another woman described how Reynolds placed his hand on her breast, while also touching himself. "Mr. Reynolds is a sick and twisted man," she told the judge.
Mecklenburg District Judge Tom Moore sentenced Reynolds to 15 days in jail, fined him $5,000 and placed him on probation for three years. The judge also ordered Reynolds to register as a sex offender.
Reynolds, 50, was arrested in August and charged with misdemeanor sexual battery after police said a patient complained that the optometrist had touched her inappropriately during an eye exam. In October, he was charged with four additional counts of sexual battery.
Reynolds pleaded guilty to one count. In exchange, prosecutors dismissed the other four.
Assistant District Attorney Bruce Lillie, who offered the plea deal, said his main concern was to make sure Reynolds registered as a sex offender. "This man would never have seen the inside of a jail cell if it wasn't for these strong women who came forward to confront him."
North Carolina's sex offender registry is an online tool that allows people to find out the names and addresses of convicted sex offenders. Residents can map registered offenders' addresses up to 5 miles from a home, school, child care center or park.
Huntersville Detective Jen Sprague detailed how the allegations, initially involving a single patient, mushroomed to involved 27 patients.
Kevin Barnett, an attorney for Reynolds, said his client is being treated for his addiction. [Note: Most sex addicts only hurt themselves or their families. Sex offenders always hurt others.]
"Dr. Reynolds is remorseful that he did this- He pleaded guilty because he was guilty." attorney Jerry Parnell said later. Though the women didn't want to talk to reporters, one said, "It's never enough," after being asked about the 15-day jail term.
Tuesday, December 25, 2007
Doctor charged in sexual assault, harassment of patients
Dr. Mack Douglas Lyons was booked into the Fort Payne (Alabama) city jail last night on four charges of sexual abuse and harassment against his female patients. He was arrested in Gadsen, where there were no charges as of yet, according to police.
According to WHNT-TV (Huntsville, AL):
He did operate a part-time clinic in Fort Payne last year, which is where the charges stem from. Fort Payne Police say their investigation begin in October of 2006, when a victim told them Dr. Lyons had sexually abused her at his office at 1526 Gault Avenue. Three other women also came forward.
Lyons is being held on $20,000 bond. The sexual abuse charges are felonies, and the harassment charges are misdemeanors.
The Fort Payne office is now closed, and there is a link to Alabama's Board Of Examiners In Counseling.
Reference:
Monday, October 29, 2007
Chiropractor sentenced to 24 years for sexual assaults
With the focus on teacher-student sex, one tends to forget that other fiduciary relationships can feature boundary violations. These can include the therapist and the patient, the preacher and his parishioners (not just Roman Catholic priests and young boys), and guards with jailers. Each incident of sexual abuse or assault brings just as much damage to the victim as a teacher-student case. Each incident leads to lack of trust in men, a distorted sense of normalcy, and greater chance of victimization by other sexual predators. This story features a chiropractor who used his practice as a hunting ground for vulnerable female prey.
Thomas Francis Dickershaid, 66, a former chiropractor in Westchester, CA was found guilty of raping 5 women between August 2004 to September 2006, including a woman who was interested in applying for a job at his office. Ages of the victims range from late 20s to their 60s. LA County Superior Court Judge Katherine Maier denied Dickershaid's request for a new trial regarding his September 26th conviction of 11 counts of sex charges including forcible rape, sexual battery by restraint, sexual battery by fraud and sexual penetration with a foreign object.
Dickershaid "used his business as a front to sexually assault unsuspecting patients. He preyed upon these women, who were oftentimes alone in his office, completely defenseless." Deputy District Attorney Lisa Houle said. "And he abused his power and the trust that's vested in him as a doctor."
Reference:
Chiropractor Gets 24 Years For Rape, Battery
Thomas Francis Dickershaid, 66, a former chiropractor in Westchester, CA was found guilty of raping 5 women between August 2004 to September 2006, including a woman who was interested in applying for a job at his office. Ages of the victims range from late 20s to their 60s. LA County Superior Court Judge Katherine Maier denied Dickershaid's request for a new trial regarding his September 26th conviction of 11 counts of sex charges including forcible rape, sexual battery by restraint, sexual battery by fraud and sexual penetration with a foreign object.
Dickershaid "used his business as a front to sexually assault unsuspecting patients. He preyed upon these women, who were oftentimes alone in his office, completely defenseless." Deputy District Attorney Lisa Houle said. "And he abused his power and the trust that's vested in him as a doctor."
Reference:
Chiropractor Gets 24 Years For Rape, Battery
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