News Professional Discipline 17th Nov 2021

Gudrun Young successfully acts for Dentist accused of sexual assault in Fitness to Practice Hearing before the General Dental Council

Gudrun represented Dr A, a dentist alleged to have sexually assaulted a trainee dental nurse when she had stayed late at the practice after hours and again a second time two days later.  On both occasions she had asked Dr A to examine her teeth and it was her evidence that in the course of the examinations he had subjected her to a sustained sexual assault involving touching her all over her body including on her bottom and, on the second occasion, between her legs.  She complained to her family on Friday evening after the alleged second assault and then reported the matters to staff at the practice when she came back into work the following Monday.  Dr A denied any inappropriate conduct towards her whatsoever. The trainee nurse had only recently started at the practice and it was Dr A’s evidence that she had been repeatedly enquiring about discounts on cosmetic treatment available to employees at the end of their probationary period.  She had insisted on him examining her teeth and it was clear that this was with a view of trying to get him to carry out cosmetic work at a reduced price.  CCTV evidence from the reception area captured conversations between them before and after the sexual assaults were said to have taken place where she did not appear to be uncomfortable in his presence and which showed her asking about free or discounted treatment.

At the hearing the complainant was cross-examined at length. The Committee eventually found that none of her evidence was supported by any other evidence in the case and that overall she was not a credible witness.  Dr A on the other hand was held to have been clear and consistent in his evidence throughout and he was supported by members of his staff, called by the GDC, all of whom spoke very highly of his professionalism, decency and integrity.  None of the allegations were found proved and he was entirely exonerated of any misconduct.

Gudrun Young was instructed by Victoria Wilson of the Medical Protection Society.


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