SEX ASSAULT CHARGE: Patient says doctor test turned sinister
NEW details have emerged about the case of a Hervey Bay doctor accused of sexually assaulting a female patient last year.
A 23-year-old woman claims the doctor, who cannot be named for legal reasons, inappropriately touched her genitals during a pap smear examination.
The woman, who worked at a business the doctor owned, said the doctor allegedly touched her clitoris while claiming to "look for a rash", before trying to kiss her on the mouth.
In her statement to the police, the alleged victim said she was "in denial" about the doctor's conduct.
"I was thinking to myself 'what is he doing?'... I was in denial that he was doing anything wrong, but it didn't feel right what he was doing or the way he was touching me. He then put his hand on my forehead and leaned in towards me and was trying to kiss me on the mouth," she told police.
Barrister Angus Edwards, representing the doctor, told Hervey Bay Magistrates Court yesterday the fundamental question in the case was the way in which the doctor allegedly touched the woman during the examination.
Applying to question the alleged victim before the case is committed for trial, he argued more precise detail was needed in order for an expert witness - another doctor - to conclude if a sexual assault had occurred, rather than a routine examination.
"To prepare this matter properly for trial the issues will be if there was a proper medical basis for what (the doctor) did," Mr Edwards said.
While speaking with the doctor at a later date, the alleged victim made a secret recording while talking to the doctor and Mr Edwards pointed out while the doctor was clearly sympathetic, the woman did not outline what he had allegedly done to her.
Police prosecutor Sonia Edwards said the victim told police not only was the accused offender her doctor, he was her boss and she trusted him.
Senior Constable Edwards said the woman had pap smears previously and knew straight away something was off about this examination.
The court heard the doctor brought the equipment to examine her to her place of work, even though she had an appointment on the next Monday.
Magistrate Stephen Guttridge ruled in favour of the application to cross-examine as it had "substantial reasons in the interest of justice".
The case will return to court on July 30.