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Utah Supreme Court Rules That Alleged Sexual Assault by a Doctor Is Not “Health Care”
(www.propublica.org)
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blinks
Wut.
This is a good ruling. Weird title. The first judge this case was brought before said that they couldn’t claim sexual assault, only medical malpractice because they were seeking medical care when it happened.
This ruling says sexual assault is sexual assault, even in the context of a doctor’s appointment. You wouldn’t think we need to clarify that, but here we are.
Medical malpractice suits are almost never successful, so being free to get out from under that umbrella is progress. Sad that this is still only a civil case, I would want a criminal case as well. He deserves prison and not just a fine.
Ruling it as sexual abuse should open up a path for a criminal case as well.
Edit: he is being charged and is currently being investigated