Malaga psychiatrist handed definitive seven-year prison sentence for raping patient during consultation

The ruling ratifies the original sentence passed by the Provincial Court of Malaga and subsequently upheld by the High Court of Justice of Andalucía (TSJA). The conviction is now final with no further right of appeal.

The events took place on 16 May 2019, when the victim attended a appointment for mild depression. On that day, the nurse who usually assisted the doctor was absent from the clinic.

Exploiting a comment the patient had previously made regarding a suspected hernia, and "driven by a lustful intent," the specialist instructed her to lie on the examination table. Under the pretext of a medical examination, the psychiatrist carried out the sexual assault.

The Supreme Court highlighted the clear element of abuse of authority by the practitioner. Magistrates emphasised that the victim had complete confidence in her doctor, creating a relationship of therapeutic trust that left her exceptionally vulnerable to the defendant's "spurious attack."

The judges fully validated the victim's testimony, describing it as "persistent and coherent in its core aspects" with no signs of unreliability, prior conflict, or secondary motives.

Following the assault, the woman left the clinic "in a state of shock," immediately seeking help from her regular therapist and confiding in close contacts. The incident triggered a severe anxiety crisis that required medical attention and took 19 days to physically recover from (four basic personal harm days and 15 days of temporary incapacity).

Furthermore, the ruling notes that the victim developed a reactive anxiety-depressive disorder requiring ongoing pharmacological treatment and specialised psychiatric follow-up, which continued until at least April 2021.

In addition to the seven-year prison sentence for sexual abuse involving abuse of trust/authority, the psychiatrist has been issued a five-year supervised release order following his release, alongside a complete ban from holding public office or voting rights during the sentence period.

Regarding civil liability, the doctor must pay the victim 30,000 euros in moral damages, plus additional compensation for her days of temporary incapacity (60 euros per day of activity-limiting incapacity and 30 euros per day of non-limiting impairment).