Sexual assault charges and medical doctors/therapists
The attorneys at Galluzzo & Arnone LLP have significant experience
defending a wide variety of professionals against criminal and civil accusations
of rape and sexual abuse (Matthew Galluzzo, in particular, is a former sex crimes prosecutor in Manhattan
with a long track record of success in defending against sex crimes cases). These sorts of allegations are devastating for anyone to endure, but
they can be particularly consequential for medical doctors and mental
First, accusations of sexual abuse involving medical doctors can be press-worthy
affairs. Recently, an emergency room doctor in New York City was sentenced
to two years in prison for sexually abusing patients at his hospital, and his
case received considerable media coverage. Needless to say, the media coverage has permanently destroyed his reputation.
In the case of this emergency room doctor, he was convicted of sexual contact
with patients that were “physically helpless” (i.e. asleep)
at the time, and thus, unable to consent to the sexual contact. Notably,
New York state law now includes within its definition of sexual contact
the “emission of ejaculate,” meaning that sexual contact can
result from masturbating near a victim without actually physically touching
See Penal Law Section 130.00(3).
Doctors and mental health treatment professionals should also be aware
of the fact that a sexual act with a patient during a treatment or therapy
session is presumed to have been non-consensual per New York law, as well.
See New York Penal Law Sections 130.05(3)(h) and 130.05(3)(i).
Further complicating matters, doctors or mental health professionals arrested
for sexually assaulting patients can reasonably expect to get sued in
civil court. Whereas many plaintiffs do not bother to sue their abusers,
in cases involving presumably wealthy medical professionals, plaintiffs
generally do not pass up the opportunity to bring a suit. Moreover, plaintiffs
and their attorneys generally understand that they can also profit by
suing the hospital or employer, as they generally carry significant insurance
policies for such cases. Of course, the professionals themselves should
be wary of the attorneys representing their employers, as those attorneys
owe their allegiance to the hospital or employer and will thus be quick
to “throw” the doctor “under the bus” where it
suits the employer.
Finally, although it is well known that convictions for sex offenses typically
result in permanent criminal records, registration as a sex offender,
and potentially prison time, in the case of medical professionals, it
can also result in loss of licensure. Thus, a doctor may be unable to
ever practice medicine again as a result of certain sexual assault convictions.
If you or a loved one are a medical professional facing a civil or criminal
case involving allegations of rape or sexual assault, you should strongly
consider working with the experienced professionals at Galluzzo & Arnone.
Matthew Galluzzo, in particular, has defended many high net-worth individuals in high stakes
criminal and civil matters involving allegations of rape and sexual assault,
with a tremendous record of success. He is a recognized expert in rape
and sexual assault investigations, and has been asked countless times
for his opinion on a wide variety of prominent sexual assault cases in
the news over the years. More importantly, though, his exceptional trial
results in sexual assault trials speaks for itself
here (sexual abuse), and
here (sexual abuse).