[Asia Economy Reporter Hwang Sumi] A physical therapist accused of sexually assaulting a patient during manual therapy was found guilty and sentenced to imprisonment in the appellate court.
According to the legal community on the 24th, the Gwangju District Court Criminal Division 2 (Chief Judge Kim Jinman) overturned the original verdict of not guilty for A (36), who was charged with violating the Special Act on the Punishment of Sexual Crimes, etc. (sexual assault by abuse of authority during work), and sentenced him to 8 months in prison with a 2-year probation in the appellate trial.
The court also ordered A to complete a 40-hour sexual violence treatment program and imposed a 3-year employment restriction at institutions for children, adolescents, and persons with disabilities.
Physical therapist A was brought to trial on charges of repeatedly sexually assaulting female patient B while performing manual therapy at a hospital in Jeonnam in May 2019.
Investigations revealed that A, in the treatment room of the hospital, laid B on a bed, placed his hand behind her neck as a pillow for her arm, and said, "If you had a boyfriend, you would have tried it, right?" He also ran his hand through B’s hair at the neck area.
A lifted B’s top up to below her chest and touched her abdomen and chest with both hands. He was also found to have forcibly placed B’s hand on his own abdomen.
The first trial acquitted A. The first trial court judged, "Although A’s remarks had sexual harassment implications and there was negligence in not sufficiently explaining the treatment beforehand, there is insufficient evidence to consider it sexual assault."
However, the appellate court’s judgment differed. The appellate court stated, "Even if some of the defendant’s actions were necessary for treatment, making sexually harassing remarks without prior explanation or consent and excessive physical contact constitute sexual assault that can cause sexual shame or disgust."
It added, "Typical manual therapy mostly involves palpation over the patient’s clothes. Considering that contact with the patient’s bare skin or exposing body parts is limited to a minimum, the defendant’s actions exceeded that scope."
The court said, "A used treatment as a pretext to assault the victim, which is a very serious offense, and the victim is also pleading for severe punishment," but added, "Considering that the defendant generally acknowledged the facts and showed remorse, as well as the degree of assault, the sentence was determined."
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