This is a case study on Sexual Assault by a doctor resulting in the charges being withdrawn.
Our client is a doctor at a hospital who had been accused of sexually assaulting a female patient during an examination. The patient made an almost immediate complaint. The doctor denied the allegation but he was ultimately charged by the police. We attended at court and had indicated that he would be pleading not guilty.
Kristina Kothrakis represented the client at the Ringwood Magistrates' Court. The charges were:
An allegation such as this clearly has significant implications for a person in our clients’ profession. It was taken very seriously by the hospital, who conducted their own full investigation into what was said to have occurred. The police also conducted an investigation.
Kristina became involved very early on prior to the police interview. This was extremely beneficial, because she was able to take detailed instructions from the client which enabled considered advice about how to conduct the interview with the police particularly on a case involving allegations of Sexual Assault by a doctor. They actually went to the interview with a prepared statement which was read out on tape. The benefit was that the client's version of events was put on record in a controlled manner.
Throughout the court process, we made forceful denials of the allegations and strategically highlighted to the police areas where we considered their case to be deficient. The doctor had incredible support from the hospital, and we were prepared to come to court with several doctors to give good character evidence. They would all have said that our client is a doctor of the highest order, and throughout his career he had never acted in a manner which would suggest this sort of behaviour would occur.
We also had an expert lined up to give evidence that the examination performed by the client on the night of the incident cannot be a form of sexual assault by a doctor, and that it was actually consistent with hospital protocol. The prosecution then decided that they would not proceed with the prosecution and withdrew the charges against the client.
- The accused must have intentionally touched another person;
- The touching must be sexual;
- The other person must not have consented to the touching; and
- The accused must have not reasonably believed that the other person consented to the touching.
Other related case studies:
- Sexual Assault – No Priors
- Downgrading Sexual Assault to Unlawful Assault
- Sexual Assault – Adjourned Undertaking, Without Conviction
- Diversion for Sexual Assault
- Sexual Assault By a Child
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience. You can also find her on Google+.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 14/09/2018