As an attorney that represents victims of sexual assault, I can tell you that I have represented numerous persons sexually assaulted by some type of medical "professional". These can be doctors, nurses, orderlies or other medical staff. California Business and Professions Code section 729 is the applicable law on this issue and states as follows:
Business and Professions Code section 729 prohibits sexual exploitation of a patient or client by a physician and surgeon or psychotherapist. It reads: "Any physician and surgeon, psychotherapist, alcohol drug abuse counselor or any person holding himself or herself out to be a physician and surgeon, ... who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, or with a former patient or client when the relationship was terminated primarily for the purpose of engaging in those acts, unless the physician and surgeon, ... has referred the patient or client to an independent and objective physician and surgeon, ... or recommended by a third-party physician and surgeon, ... for treatment, is guilty of sexual exploitation by a physician and surgeon, ..."
If you or someone you know has been the victim of a sexual assault by a medical doctor or staff person in California, please know that you are not alone. Our office has and will continue to combat these abuses of authority through the civil justice system and we offer free, private and confidential consultations on these issues. Toll free statewide in CA: 866-229-0101 or visit our website: