Friday, September 23, 2011

Man cleared of sexual assault allegation to seek compensation

We’ve discussed this on our site before. How exactly do you defend yourself from a claim when that claim is made years after the fact, and any evidence, or even eyewitnesses, wouldn’t be possible to produce?

That is the problem that a former chiropractor and osteopath faced. The good news for him is that it took only 20 minutes for a jury to clear him of a sexual assault charge. One of the more interesting aspects of the case is that he represented himself during the trial, and prevailed. And when, you ask, did this assault allegedly take place? In 1971. Think about that. Can anyone here state what they were doing 40 years ago? With any degree of precision? I doubt it.

And yet last year, this doctor was arrested and this year went to trial. The claim is that he had sexually assaulted a 12 year old during a consultation.

The doctor is currently talking to attorneys to sue the state for unlawful arrest, and misconduct during the investigation. He also has plans to sue the complainant for a false allegation.

Among the man’s claims are the following:

  • The complainant was told her alleged attacker would be in a certain courtroom on a certain day so she could refresh her memory of what he looked like;
  • Police suggested to the complainant’s brother that he change his statement to say that it was possible their mother could have left the consultation room and left his sister and the chiropractor alone.
  • Prosecutors chose not to investigate Yellow Pages evidence given by the man that he was not practising at the premises at the time it was alleged the assault took place.
The man said he is writing to the Commissioner of Police to complain about the actions of police in the case, and he is also complaining to the Law Society about the complainant, who is a lawyer.

After charges were brought against him, the Chiropractic Council had imposed restrictions on his practice that caused loss of income.

He is demanding the restrictions be removed.

The man said said he had also suffered a loss of reputation over the case and had been the subject of malicious gossip in Wagga.