Hepatologist Cleared of Sexual Assault

Stephen Hooper, who instructed Anthony Haycroft of Serjeants Inn Chambers, has successfully defended a Consultant Hepatologist, who faced an allegation of sexual assault at Manchester Crown Court.

Our client faced an allegation that, at a consultation in 2014, he sexually touched a patient's breasts, after she was referred to him to explore a suspected diagnosis of hepatitis. The patient alleged that, almost immediately after entering the consultation room, our client had her climb on to the examination couch, before he then unclasped her bra (albeit without removing her top), and that he pressed himself against her from behind whilst asking her to breathe in and out, at which point she said she could feel his erect penis against her back. She then alleged that he asked her to lay on her back, before then briefly rubbing both of her breasts with his hands.

After nearly two days of deliberating, the jury was unable to reach a verdict on which they were agreed (even on a majority basis), so they were discharged and the trial ended with a "hung jury". The Prosecution thereafter considered whether to request a retrial, but instead confirmed they would be offering no evidence and the Judge duly ordered that a not guilty verdict be entered. 

This case serves to highlight the importance of detailed contemporaneous medical records. Our client had no memory of the patient, but his detailed clinical letters were of great assistance in confirming what happened during the consultations. In particular, they were helpful in setting out what was discussed.

Clyde & Co's healthcare team has extensive expertise in defending clinicians under investigation for criminal offences, from sexual assault, rape, fraud and gross negligence manslaughter. Please contact the team if you require any assistance.