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Not illegal?

The legal loophole allowing a doctor to get away with decades of alleged sexual assault

By WITW Staff on July 22, 2016

A Massachusetts district attorney has declined to pursue a case against a fertility doctor who is accused of molesting patients, saying that the behavior is clearly unethical but may not violate any state law. District attorney Marian Ryan said that the state’s high court has already ruled that the state’s rape law doesn’t include instances in which someone obtains consent through fraud, which would likely apply to the case of Dr. Roger Ian Hardy, whose patients said he assaulted them during gynecological exams and procedures. Hardy gave up his medical license amid an investigation by the licensing board, but has not faced charges.

“To not press charges after the years and years of what he did, I don’t understand it,’’ one victim told The Boston Globe.

Ryan said she has drafted new legislation that would change the Massachusetts laws and make it a crime for a medical professional to claim that unnecessary sexual contact is for “medical purposes,” and the bill already has a sponsor in Massachusetts state Representative Kate Hogan. According to the Rape, Abuse, & Incest National Network, seven states have sexual assault laws that specifically mention medical professionals, while 10 have laws that mention mental health professionals.

Learn more about the accusations against Hardy in the video below.

Read the full story at The Boston Globe.


More than 2,400 doctors in the U.S. have been sanctioned for sexual abuse