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File photo of the Paleis van Justitie courthouse on Walburgstraat in Arnhem, Gelderland
File photo of the Paleis van Justitie courthouse on Walburgstraat in Arnhem, Gelderland - Credit: Rechtbank Gelderland / Rechtspraak - License: All Rights Reserved
Crime
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sexual abuse
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Arnhem
cosmetic surgery
cosmetic surgeon
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Gelderland
Berg en Dal
Openbaar Ministerie
District Court of Gelderland
Thursday, 22 February 2024 - 16:30

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Cosmetic surgeon found guilty of masturbating during video sessions with patient

A 59-year-old cosmetic surgeon was convicted of sex crimes on allegations that he masturbated during video consultations with a patient of his. The District Court of Gelderland handed down its verdict on Thursday. Despite maintaining his innocence, the Berg en Dal surgeon was ordered to 120 hours of community service, and a suspended five-month prison sentence pending his compliance with several conditions.

The accusation dates back to May 2022, when the woman contacted the doctor over WhatsApp regarding complaints she developed after an eye surgery he performed. He initiated a video call while he was “lying on a bed in a hotel room,” the court said.

The court considered it proven that, during the call, “the doctor suddenly turned his phone around, exposing his exposed genitals. In a panic, the woman ended the call.” Later, the woman again used WhatsApp to ask for help with her physical complaints.

This time, she used another phone to record the call. “During this conversation the man masturbated. Although his genitals remained out of view, the woman was confronted with his masturbatory movements and sounds, while the doctor kept her on the line with inadequate and unclear medical advice,” the court said.

“She was in a vulnerable position. In that condition, the suspect unexpectedly and shockingly confronted her with sexually transgressive and completely inappropriate behavior. The woman was forced to watch and tolerate his actions,” the prosecutor’s office wrote in a statement about the case.

The doctor denied the accusations against him when questioned by police. He said his genitals were never visible on screen, and that he never masturbated during either call. He argued that he was tired when the calls took place.

“However, after viewing and listening to the recording, the police and the Public Prosecution Service determined that this was indeed the case,” the OM stated. There was no doubt about what happened at all, the prosecutor involved in the case said in court.

“What this doctor did is really wrong and contrary to social norms, including those of decency,” the prosecutor said.

The video was submitted as evidence in the trial. The court agreed with the victim’s accusation after “taking into account the recording of the second conversation,” the court said.

The case is also being handled separately by the Healthcare Inspectorate, which has started disciplinary proceedings against the surgeon. “It is a realistic expectation that this will also have major consequences for the man professionally and privately,” the court noted.

The District Court factored these likely developments in when determining an appropriate punishment. “The court blames the doctor for seriously abusing his position of trust as a doctor for his own sexual gratification when his patient had concerns after her procedure,” the court wrote.

The Berg en Dal doctor was also ordered to pay the woman 500 euros for psychological damages.

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