The decision revives a lawsuit filed by 94 women who said their OB-GYN sexually abused them. Previously, a lower court determined that the actions they alleged had to be treated as medical malpractice.
    • I_Fart_Glitter@lemmy.worldEnglish
      105·
      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.worldEnglish
        151·
        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.nlEnglish
          2·
          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.

  • ϻеƌųʂɑ@sh.itjust.worksEnglish
    561·
    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.