TOKYO (TR) – In a rare ruling, the Tokyo District Court on Wednesday found a male doctor innocent over the alleged molestation of a female patient during a surgical procedure due to a lack of convincing evidence, reports site Bengoshi.com (Feb. 20).
In May, 2016, the doctor administered general anesthesia on the woman while surgically removing a tumor from her breast at a hospital in Adachi Ward.
Upon completion of the procedure, she awoke to find her clothes open and the doctor licking her nipples, an obscene act that she could not fend off, the prosecution claimed during the subsequent trial.
The doctor, who was accused of quasi-indecent assault, told the court that the accusation was “false.”
In supporting her claim, the prosecution showed that a DNA analysis of material found on her chest proved to be a match for the doctor. As well, the presence of the enzyme amylase, which is found in saliva, was confirmed.
However, the judge ruled in favor of the defense, saying that “there exists the possibility that she was hallucinating due to the anesthesia” in questioning her judgment at the time.
Regarding the material found on her chest, the judge said that “the possibility that it due to palpation and conversation [with medical staff] cannot be eliminated.”
Detained for more than 100 days
The doctor was arrested in August, 2016. He was detained until he posted bail that December.
At a press conference held following the ruling, the doctor said that he “was relieved.” However, he expressed anger toward the Tokyo Metropolitan Police, referring to their investigative techniques as “unscientific.”
“I was detained for more than 100 days, causing me to lose not only my job by my credibility in society,” he said. “I, my family and other persons close to me were greatly hurt by the police’s receiving of information from a single source and malicious comments appearing online.”
Carlos Ghosn case
In light of the ongoing detention of former Nissan chief Carlos Ghosn, the conviction rate for Japan’s courts, which reportedly stands at roughly 99.9 percent, has been thrust into the spotlight.
In achieving that rate of success, prosecutors only pursue cases they are confident they can win, which often means securing a confession from the defendant.