50 Allegations of Sexual Assault – Complete Vindication After 10-Day Hearing

Case Study: 50 Allegations of Sexual Assault – Complete Vindication After 10-Day Hearing

Represented By Jared McNally

The Client

We were instructed to represent a specialty doctor in ophthalmology accused of serious sexual assault by a colleague, who was also, on occasions, his patient. The allegations were grave.

The case was first investigated by the Police. After reviewing the evidence, the Crown Prosecution Service declined to bring criminal charges. The matter was nevertheless referred to the Medical Practitioners Tribunal Service (MPTS) by the GMC, who advanced 50 particularised allegations of sexual misconduct and professional impropriety.

If proven, these charges would have resulted in erasure from the medical register.

The Allegations

The GMC alleged that our client had invited a colleague, who was also a patient, to his home address for improper purposes, propositioned her sexually, and forced himself upon her following her refusal. It was further alleged that he had engaged in multiple acts of sexualised or inappropriate behaviour within the workplace and had breached professional boundaries by pursuing a personal relationship with a patient.

These allegations were advanced as serious breaches of Good Medical Practice, said to amount to significant professional misconduct.

Our Work and Defence Strategy

Given the seriousness of the allegations, the case demanded a comprehensive and tactically disciplined defence. From the outset, we undertook a detailed forensic review of the evidence, analysing the complainant’s accounts across the Police, Trust, and GMC investigations. This allowed us to identify material inconsistencies, omissions, and signs of embellishment that became central to the defence.

We worked closely with our client to prepare a detailed and carefully structured witness statement addressing each of the 50 charges with clarity and consistency. This was reinforced by supporting evidence, including statements from colleagues and character references attesting to his professionalism, integrity, and appropriate conduct in the workplace.

In parallel, we developed robust written submissions for both the facts and impairment stages, setting out why the allegations, when properly scrutinised, could not meet the threshold for misconduct or impairment.

At the hearing, which extended over 10 days, our approach was measured and methodical. Through focused cross-examination, we tested the reliability of the complainant’s account and exposed significant contradictions within her evidence.

In closing, we advanced the case that the allegations were not proven, lacked any proper evidential foundation, and fell well short of the standard required to establish misconduct.

MPTS Outcome

The Tribunal rejected the GMC’s case in its entirety. It found none of the disputed allegations proved.

The admitted factual elements (such as providing a phone number to a patient) were found not to be sexually motivated, not inappropriate, and did not amount to misconduct.

The Tribunal concluded that our client’s fitness to practise was not impaired. No warning was issued. He was free to continue practising medicine without restriction.

Comment from Jared McNally

“This case illustrates how devastating false allegations can be for a medical practitioner’s career and reputation. Our client faced accusations of sexual assault, 50 charges in total, and a 10-day contested hearing. By dismantling the complainant’s case piece by piece, preparing our client thoroughly, and exposing the flaws in the GMC’s evidence, we secured a complete vindication. The Tribunal found nothing proved. Our client walked away with his name and career intact.”

Clifford Johnston & Co is a leading defence firm in Criminal and Professional Disciplinary Law, based in Manchester and representing clients across England and Wales on a privately funded basis. We provide strategic advice and robust advocacy when your professional career is under threat due to GMC Investigations or the risk of GMC Warnings being issued.