In MA, Middlesex County DA Marian Ryan needed to make an unfortunate decision last week. She determined it best not to arrest Dr. Roger Ian Hardy for inappropriately rubbing a patient’s genitals under the guise of a “medical examination.” Patients have complained about this doctor for several years with no validation from the justice system.!

According to Ms. Ryan, MA’s laws don’t give her the tools to do so, and she’ll push for a “legislative change.” I would love to see that happen and support her effort!

The current Sheriff of Middlesex County, Peter Koutoujian, attempted to pass legislation on sexual assault by fraud when he was in the MA House of Representatives. His bill did not get sufficient support.

Medical Daily gives this account of why, even though patients had a long history of complaints, this doctor continues to practice:

Why did the medical board take no action? Having obtained the redacted records from the case, the Globe discovered a doctor who worked alongside Hardy had told investigators that nurses were afraid of losing their jobs. In fact, having reported an incident to their superiors, one nurse and one technician were instructed to remain quiet. Despite a kibosh put on the subject, anonymous reports had been filed yet still the medical board passively allowed Hardy to continue seeing patients. Everything changed this past October, when a physician specializing in reproduction filed a formal complaint.

According to Liz Kowlczyk, reporter for The Globe, Ryan said, “There’s no real point in saying to someone let’s go forward when you know you are going to lose.’’

A few months ago, just down the street in Worcester County, Dr. Ho Yin Aaron Shiu was charged with indecent assault, battery and rape for very similar behavior. Dr. Shiu gave up his license to practice medicine in MA. Whether he is found guilty or not, he did not get away unscathed by his behavior.

Prosecutors need to convey the difference between “assent” and “consent” to judges and juries.

Getting violators prosecuted would be far easier if District Attorneys and Judges had specific language in their laws to identify “consent.” Unfortunately, MA labors under the delusion that there is a type of consent called “informed consent.” It opens the door to a belief that there is a type of consent called “uninformed consent.” Such is simply not the case. All “consent” is “informed.”  Instead, or using the term “informed consent.: they should use the term “informed agreement” which is essential as an element in all consent.

There’s a cavernous divide between ASSENT and CONSENT! And sexual contact requires CONSENT!

CONSENT does not mean assenting to something you are deprived of knowledge about. In both the Dr. Hardy and Dr. Shiu cases, the victims were deprived of knowledge that the doctor would conduct a sexual, rather than a medically necessary, action. They agreed to examination, but did not agree to sexual conduct. Consent requires that you be “knowledgeable” and “informed.” While you can assent to conduct when you’re not informed, saying that you “consented” to that conduct would be an oxymoron.

Society’s understanding of the term “consent” must change!

People must understand that there are forms of agreement that are simply not consent. When an offender deprives you of consent, either about the action itself, fraud in the factum, or the actor, fraud in the inducement, they are assaulting, not seducing you……  and certainly not living up to their Hippocratic oath to do no harm! A doctor who defiles a victim should be stripped of their medical license and locked up!

I wish DA Ryan success in passing a law to prevent further damage by doctors or anyone depriving a victim of consent.