Megan’s Law – Summary of California Law On Sex Offender

“The Medical Board of California on September 20, 2012, reported its investigation of a physician who practices OB-GYN in two neighboring communities in Los Angeles, the community of Northridge and Van Nuys, who was arrested on two felony counts of Sexual Penetration with a Foreign Object-Unconscious, a violation of California Penal Code section 289 (d).This section is used by the prosecution in cases in which the victim is unaware, did not know or perceive, or was not cognizant of the criminal act. A conviction of this offense requires the defendant to register with the Police or Sheriff as a sex offender for life pursuant to PC 290, as well as to provide specimens and samples. No other information or facts were disclosed. For Online Registration under Megan’s Law, see: http://meganslaw.ca.gov/registration/law.htm

If the facts disclose sufficient evidence of other illegal acts, it is still possible the prosecution may file additional charges, such as a violation of Business & Professions Code 729, which is sexual exploitation of a patient; as well as or in the alternative, a violation of Penal Code section 243.4 (c), which is Sexual Battery for a Professional Purpose. The latter is commonly charged when a doctor touches a patient without consent for his own sexual arousal &/or gratification and the contact was under the pretense it was for a professional purpose.

One needs to be mindful that a suspect who has been arrested is innocent until proven guilty. Moreover, a perusal of the internet revealed the physician has been licensed since 1998, graduated from USC School of Medicine, is Board Certified in Obstetrics and Gynecology; is affiliated with eight hospitals; is fluent in English, Farsi, Persian and Spanish; has had no prior Medical Board or hospital disciplinary action; and there are no reportable malpractice settlements or judgments.”

SAM SPITAL, CRIMINAL LAWYER