Doctor banned for 15 years following rape convictions
12 Aug 2024
inappropriately touched a third patient while performing an unnecessary intimate examination during the same period.
On 23 February 2012, Patient A attended a consultation with Dr Gopal in relation to bleeding she believed to be coming from her rectum. During the subsequent examination Dr Gopal penetrated her vagina with his fingers and pressed her clitoris with his thumb.
On Saturday, 25 February 2012 Patient B attended a consultation with Dr Gopal complaining of abdominal pain. Dr Gopal proposed an internal examination and penetrated her vagina with his fingers and pressed on her clitoris.
In both cases there was no clinical need or justification for Dr Gopal’s conduct.
On 15 March 2012, the Medical Board of Australia (the Board) took immediate action by suspending Dr Gopal’s registration after receiving notifications about the two alleged rapes. Dr Gopal was subsequently convicted of two counts of rape and was sentenced to four years in prison with a minimum term of 21 months. After serving his sentence Dr Gopal left Australia and now resides in India.
In April 2021, a further notification was received about Dr Gopal from a third patient alleging that, in February 2012, he conducted an inappropriate examination of her breasts and/or nipples.
On 3 April 2024, the Victorian Civil and Administrative Tribunal (the tribunal) found that Dr Gopal’s conduct across the three incidents was substantially below the standard reasonably expected of a registered health practitioner and amounted to professional misconduct. The tribunal found that his behaviour was in breach of the Board’s Code of Conduct and Sexual Boundaries Guidelines and was inconsistent with him being a fit and proper person to hold registration.
Dr Gopal did not engage in the proceedings or participate at the hearing.
The tribunal agreed with the comments of the sentencing judge, that the criminal offences were particularly abhorrent and reprehensible due to being committed by a doctor during an intimate examination. The tribunal further described the conduct as a ‘blatant and serious violation of his professional obligations and duties’.
The tribunal ordered that Dr Gopal:
- be reprimanded
- have his registration cancelled
- be disqualified from applying for registration for a period of 15 years, commencing from the date of the tribunal’s orders
- be prohibited from providing any health service in any capacity until such time as he is registered as a health practitioner.
The tribunal concluded that the 15 year disqualification period reflected the seriousness of the conduct, protected the public and upheld the standards of the profession. The tribunal further considered that a prohibition order was warranted to protect the public in other healthcare settings given there was no evidence that Dr Gopal had insight into, or remorse for, his conduct.
Read the full decision on AustLII