After the doctor was found not guilty in Victoria’s County Court, a civil tribunal has ruled that he did, on the balance of probabilities, sexually violate the woman during a consultation.
A civil tribunal has found a GP sexually assaulted a pregnant patient during a medical consultation, a ruling that came after the doctor was found not guilty of rape in the Victorian County Court.
The tribunal also found Zhao performed the internal examination on the woman, who cannot be named for legal reasons, without her full and informed consent. The tribunal’s findings were made on the civil standard of the balance of probabilities – a less onerous standard of proof than the beyond-reasonable-doubt test that governs criminal proceedings.so-called Briginshaw principle was used, which applies in civil cases involving serious allegations,Documents submitted to the County Court detailed the woman took her young son, who was ill with croup, to see Zhao at a Melbourne medical clinic on September 29, 2014.
On October 9, 2014, the woman woke up with abdominal pain in her lower-right side and attended an appointment with Zhao.
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