Wednesday, February 20, 2019

Breast surgeon get innocence verdict for committing sex offense to patient

Just now, I received the news about a criminal trial I had paid attention.

In this case, a Japanese breast surgeon was prosecuted for committing the sexual offense to the patients he made an operation. According to the prosecutor, he touched and lick up the patient's breast while she was asleep under the influence of anesthesia after the surgery.

The Japan Times: Breast surgeon denies charge of licking unconscious patient’s breast

The defendant completely denied having done such an act. The lawyer of him, as well as some medical practitioners, claimed that the woman might be in delirium so that she had misunderstood the situation.

The prosecutor submitted some evidence to prove his crime. One of the evidence was a report of scientific examination suggesting that a large amount of saliva was detected on the woman's breast. However, experts sided on the defendant claimed the report is not trustworthy because the examination was inappropriately conducted.

The District Court decided the defendant is innocent, I heard from the media. I have not read the verdict itself.

I am not involved in this case at all. So, I have no idea about the correctness of the judge. In my sense, however, I believe that the surgeon is innocent.

It is quite unlikely that the surgeon committed a sexual offense in the patient's room. In Japan, most patient's rooms are open to the corridor. There might be other inpatients in the room. It was too risky for the surgeon to commit such an act.

Also, if he were a sex offender, he would have previous criminal records, even if not revealed yet. Sex offenders commit similar crimes recurrently. Such persons are often infamous among colleagues. But, I have no idea that the prosecutor provided the witnesses to tall the defendant's wicked conducts.

In contrast, his relevant people, including the academic association, have been supporting him, believing his innocence.

Finally, it is not rare that a patient just after awakened from the anesthesia has hallucinations. Not a few patients are confused in the early stage after surgery. It is not the only case, I believe, of the patients suspected to be insulted while unconscious. I am doubtful that the prosecutor did know the fact of the vulnerable mental state of the patients after surgery.

Therefore, I am relieved from the news of innocence verdict. At the same time, it has to be deemed as a serious fault of the prosecutor. The defendant might suffer from unnecessary disgrace and interruption from the work.

On the other hand, there are cases of incredibly evil acts committed by a physician in the world. Correct judgment is always difficult.

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