Sexual assaults in a medical setting are a grave violation of trust and professional ethics. Patients place immense trust in healthcare professionals, expecting them to provide care and treatment with the utmost respect and integrity. Unfortunately, there are instances where this trust is breached, leading to devastating consequences for the victims. It is also not uncommon for sexual assaults to be committed by other patients within a medical setting.
In May 2023, the BBC reported that more than 35,000 incidents of sexual misconduct or sexual violence - ranging from derogatory remarks to rape - were recorded on NHS premises in England between 2017 and 2022. It is important to note that these incidents included assaults by patients as well as NHS employees.
In England, sexual assault is a criminal offence under the Sexual Offences Act 2003. The Act defines various forms of sexual offences, including sexual assault, and outlines the penalties for those found guilty. In a medical setting, such offences are particularly egregious due to the inherent power imbalance and the vulnerability of patients.
Victims of sexual assault in a medical setting are encouraged to report the incident to the relevant NHS Trust and the police. It is believed that many assaults go unreported. The police will carry out an investigation and the CPS will decide whether charges should be brought. A conviction will assist and strengthen any civil claim.
There is no doubt that pursuing an NHS Trust or medical organisation (who are likely to have the backing/support of insurance companies and legal departments) can seem daunting. Those considering or in the process of pursuing such a claim should be encouraged to seek support. A list of organisations who offer this support can be found further on.
Case Study Mrs ‘X’
Background
Emmott Snell Solicitors recently represented a lady (referred to in this article as Mrs X, to protect her identity) who was sexually assaulted by a medical professional (‘the perpetrator’) whilst she was a patient at the London Clinic undergoing routine surgery (via her private health insurance). Mrs X was given a private room with its own entrance and situated away from other patients and workstations. The nature of Mrs X’s surgery caused her to be immobile and unable to get out of bed without assistance. The day after her surgery Mrs X was sexually assaulted in her private room by a phlebotomist whilst taking a sample of her blood. Mrs X was shocked and frightened, she was unable to get out of her bed and did not know how to activate the alarm. The perpetrator left the room and Mrs X reported the assault to a member of her family and employees of the London Clinic. The perpetrator was suspended, and an internal investigation took place. The perpetrator did not return to work at the London Clinic.
Police Investigation and Trial
Mrs X reported the assault to the Metropolitan Police.
A criminal investigation took place. During interview the perpetrator admitted the nature of the assault but denied that his motives were sexual. A trial was held in a Central London Crown Court. Prior to the trial the perpetrator’s lawyer indicated that he would plead guilty to a lesser charge (this is not uncommon in criminal proceedings) of common assault. Mrs X did not agree to this on the advice of the prosecuting lawyers. Unfortunately, at trial the perpetrator was acquitted. Mrs X was understandably devastated by the verdict. She felt let down by the Criminal justice system. Accordingly, she made the decision to try to obtain justice via the civil courts.
Civil Compensation Claim and Process
Mrs M instructed Emmott Snell Solicitors to pursue a civil compensation claim against the London Clinic Ltd.
A letter of claim was sent to the Trustees of the London Clinic in which Mrs X asserted that the Trustees of the London Clinic were liable in law for the wrongful conduct of their employee (the perpetrator) and the harm and losses caused to her.
The Trustees of the London Clinic instructed solicitors to represent them in Mrs X’s Claim. Whilst they admitted that the perpetrator had assaulted Mrs X they denied the extent and nature of it and in particular they alleged that it was not sexually motivated.
As part of the compensation claim process Mrs X was examined by a consultant psychiatrist, who provided the medical evidence to support and quantify Mrs X’s claim. The medical evidence showed that Mrs M had been profoundly affected by the abuse she had suffered at the hands of the perpetrator. The expert diagnosed Complex Post Traumatic Stress Disorder and recommended treatment.
A meeting with a barrister with expertise in claims of this nature was arranged. They advised Mrs X on all aspects of her claim including the likely level of compensation she might recover if her claim proceeded to trial.
The medical evidence was sent to the legal representatives for the London Clinic with a schedule of Mrs X’s financial losses. An offer of settlement was invited.
The claim was registered at the Royal Courts of Justice. An application for anonymity was made to protect Mrs X’s identity. Following some considerable negotiation, the claim finally settled out of court for a five-figure sum.
What did Mrs X say
In her client's feedback questionnaire, Mrs X commented as follows:
“I would like to thank you all for your amazing efforts, you have helped me through a very difficult time”.
Conclusion
Sexual assaults in a medical setting are a serious breach of trust and professional conduct. The legal system in England provides a robust framework for addressing such offences, ensuring that perpetrators are held accountable, and victims receive justice. It is crucial for victims to report incidents as soon as possible, and to seek support to navigate the legal process including the police investigation and any civil compensation claim.
Emmott Snell Solicitors have successfully represented many victims of sexual abuse in a wide range of settings. If you are considering such a claim, please contact us. We will be only too pleased to discuss this further with you. You may wish to consider downloading our guide, which aims to provide those considering claims with information on the civil compensation claim process.
If you or someone you know has been affected, these are the organisations that can provide support:
