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Utah Supreme Court Rules That Alleged Sexual Assault by a Doctor Is Not “Health Care” (www.propublica.org)

submitted 4 months ago by takeheart@lemmy.world to c/nottheonion@lemmy.world

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[-] FlashMobOfOne@lemmy.world 65 points 4 months ago

blinks

Wut.

[-] I_Fart_Glitter@lemmy.world 110 points 4 months ago

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.

[-] FlashMobOfOne@lemmy.world 27 points 4 months ago

Thank you for the added info.

[-] VulKendov@reddthat.com 10 points 4 months ago* (last edited 4 months ago)

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

[-] seaQueue@lemmy.world 31 points 4 months ago* (last edited 4 months ago)

Welcome to the US court system

[-] FlashMobOfOne@lemmy.world 15 points 4 months ago

Yup. The esteemed justice system that brought you the gay panic defense and affluenza, because it's too much to expect that the actual law be honored when there's a chance to exercise cruelty.

[-] Cruxifux@feddit.nl 2 points 2 months ago

Yeah, the “he’s too rich to be responsible for his own actions” defence was wild and I hate everyone involved in it almost as much as I hate the fact that it worked.

[-] medusa@sh.itjust.works 57 points 4 months ago* (last edited 4 months ago)

Doctors used to perform "pelvic exams" on unconscious women all the time without their knowledge or consent. Totally legit practice back in the day.

[-] breakingcups@lemmy.world 42 points 4 months ago

You say that as if that practice has been abandoned

[-] MNByChoice@midwest.social 34 points 4 months ago

I had to look it up. Article from 2021.

https://www.healthywomen.org/your-care/pelvic-exams-unconscious-women

Fuck

[-] TriflingToad@lemmy.world 36 points 4 months ago

A recent survey of 101 medical students from seven American medical schools found that 92% had performed a pelvic exam on anesthetized female patients, 61% of whom reported not having explicit consent from the patients.

Double fuck

[-] Zacryon@feddit.org 9 points 4 months ago

Double fuck

Quite literally, isn't it?

[-] isles@lemmy.world 1 points 4 months ago

I was always suspicious of male OB/GYN, it seems like an unusual specialty to choose for purely altruistic reasons.

[-] medusa@sh.itjust.works 11 points 4 months ago

Abandoned? Definitely not. It's just not as "acceptable" these days. (Grew up with family member OB/GYN from the 1950s and was definitely the type to do that shit)

[-] eestileib@sh.itjust.works 7 points 4 months ago

Doogie Howser M.D. got dumped for doing exactly that.

this post was submitted on 11 Aug 2024

316 points (99.4% liked)

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