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Australian surgeon charged with rape after removing condom during sex

Under Australian law, removing the condom without permission is classified as rape

2019-05-31

Words: Steve Brown

A top surgeon in Australia has been charged with rape after removing a condom during sex without permission.

Authorities in Victoria, Australia, have charged the male surgeon in September last year with one count of rape and one count of sexual assault, according to The Age.

The incident reportedly took place in 2017 and after the doctor asked the surgeon to provide tests clarifying his HIV status.

However, the surgeon blocked his calls, texts and other correspondences.

According to court documents, the doctor told police the surgeon removed the condom during sex – an act which is classified as rape under Australian law.

The documents read: “[The surgeon] clearly understood he had caused the complainant distress and apologised and reassured him that his health was not at risk.

“In this conversation, [the surgeon] admitted to previously having unprotected sex with other men, most recently about six weeks ago, where he had never previously said this.”

As a result of the first charges, the Medical Board of Australia suspended his practicing licence but courts lifted the ban after he undertook a battle in the Victorian Civil and Administrative Tribunal (VCAT).

The tribunal found that action against the surgeon was not in the public interest and he is still able to see patients and practice regardless of the rape charges.

The medical board is now appealing the decision in the Supreme Court.