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Home / New Zealand

'No way in hell' physiotherapist sexually assaulted female patient, he claims

Natalie Akoorie
By Natalie Akoorie
Open Justice multimedia journalist, Waikato·NZ Herald·
1 Mar, 2022 07:04 AM5 mins to read

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A phyisotherapist who massaged a woman's shoulder rejects allegations he raised her shoulder and touched her breast three times during the treatment. Photo / 123RF

A phyisotherapist who massaged a woman's shoulder rejects allegations he raised her shoulder and touched her breast three times during the treatment. Photo / 123RF

A physiotherapist accused of sexually assaulting a patient by touching her bare breast three times during a massage says there's "no way in hell I've been anywhere near her chest".

The alleged victim, who cannot be named, has told a Health Practitioners Disciplinary Tribunal hearing in Hamilton she thought the first touch of the man's open palm on her breast and nipple was accidental.

But by the third touch she thought it must be deliberate and said: "Oh, getting a lot of boob there".

The physiotherapist, who has interim name suppression, rejects the woman's allegation and most of her evidence, including that he was overly friendly and flirtatious with her during sessions to treat a back injury between August 2015 and July 2016.

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He is charged with telling the woman during treatment sessions he was single or looking for a girlfriend, asked if she was single or had any "hot, single friends", suggested they could have fun together, and admitted he was a recovering alcoholic and drug addict, amounting to professional misconduct.

The woman said the physiotherapist also commented on how "fantastic" she looked and that she'd lost weight, that he was lonely and sick of being single, and that he would push her to tell him emotional stories.

She said she trusted him and thought he had her best interests at heart.

On the day of the treatment in question in April 2016, the woman said she had booked an hour-long session for a massage to relieve her pain for her wedding the next day.

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She said she took off her sports bra and lay face down on a towel on a therapy table with another towel across her back and tucked under her arms at her sides, and a third towel across her bottom and legs and tucked into her shorts.

"He was using his left hand to lift my right shoulder, and he was massaging me with his right hand," the woman said.

"His right hand came over and around my right shoulder and upper arm in a downwards motion to the side of my boob.

"Then he lifted my shoulder and he brought his whole right hand around in a circular motion and back up over my boob. His palm was flat on my boob, so there was a full palm to nipple contact.

Discover more

New Zealand

Name suppression sought after doctor-patient affair

01 Mar 05:03 PM

"This happened three times - he was getting a full handful each time he was coming back up."

After the third time the woman called him out. She said the physiotherapist apologised and stopped but did not explain what had happened.

"I just lay there feeling uncomfortable."

Under cross-examination by the physiotherapist's lawyer Michael Talbot, the woman admitted she continued to see the physiotherapist after that, which she now cannot understand.

Talbot put it to her the memory was all in her head, that the physiotherapist only massaged her shoulder, and that it was highly unlikely she would have continued the session, left happy and continued to come back again if she thought the physiotherapist had assaulted her.

He said it was not possible to react that way.

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"Oh really?" the woman said. "When was the last time you were sexually assaulted?"

The woman said she didn't immediately process what had happened and was thinking about all the final elements of her wedding to be organised.

She said she was too embarrassed and ashamed to tell anyone after that, but on reflection felt the physiotherapist had "groomed" her by being friendly and gaining her trust.

She got on with her life but said it weighed on her mind until she saw a female physiotherapist in February 2019 who said the treatment was sexual assault.

The woman then confided in her mother and reported it to the Physiotherapy Board the next day.

The physiotherapist strenuously denied the allegations, challenging almost all the questions put to him by the lawyer for the professional conduct committee, Anita Miller.

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He also changed his mind on some of his earlier evidence including that when the woman called him out during the massage, he initially said he heard "Too much boob" but during the hearing changed that to "Too much [something]" saying he didn't hear her.

The physiotherapist also disputed that he would have made an appointment directly with a patient as the woman claimed, that it wasn't an hour long and she didn't pay for an hour, that she would have had to pay two ACC surcharges and his clinical notes for her showed it was a 30-minute appointment.

He told the hearing he would have referred her to a sports masseuse in the same clinic had he known she wanted a full body massage.

He also said the woman had rung the clinic continuously that week looking for an appointment.

When asked whether he accepted that the woman only knew about the fact he was single, and that he was a recovering alcoholic because he told her, the physiotherapist did not.

He said the woman could have used Google to find out information, or talked to the clinic receptionist or other female staff.

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When asked to demonstrate how the woman would have wrapped the towel around herself had she done it the way he said it was that day, the physiotherapist could not.

He said his arms didn't go that high but that more than 100 female patients in the past had been able to tie it at the back, which would have meant her breasts were covered.

At one point he suggested the woman, who admitted to drinking a lot at the time, might have been drunk during the treatment, which Miller told him was offensive.

The hearing was scheduled to continue on Wednesday but was adjourned due to the accused's health conditions.

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