A 41-year-old breast surgeon, who was arrested on a charge of committing a lewd act on a patient after an operation, has denied the charge.
Testifying at the opening session of his trial in Tokyo on Wednesday, Susumu Sekine denied that he licked the left breast of a woman in her 30s after an operation at a hospital in Adachi Ward in May, Fuji TV reported. The woman had surgery on her right breast.
Despite Sekine’s denial of the charge, prosecutors said saliva, matching his DNA, was found on the woman's left breast and say he committed the indecent act after the patient was returned to her hospital bed.
Sekine's lawyer said that a patient recovering consciousness after being given an anesthetic for an operation is in a daze and is likely to imagine things. He also said there were three other patients in the ward and that it would have been impossible for Sekine to commit such an act without being seen.
© Japan Today
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Alex Einz
Well, he is the doctor and it has been proven that saliva speeds up healing.. he should have charged em for the service https://www.sciencedaily.com/releases/2008/07/080723094841.htm
MsDelicious
Um DNA in saliva is no different than DNA from any other part of his body. He did operate on her, so I would assume a lot of his DNA is on her.
https://www.sciencedaily.com/releases/2008/07/080723094841.htm
Good article Alex!
Ever see how wild animals take care of their wounds? Makes sense.
Raw Beer
So her breast was still wet when they checked for DNA?
According to the title, she was unconscious. So why did they suspect the Dr.? Who saw him lick the breast?
descendent
Someone who looks at breasts all day committing a crime like this is pure folly. Just like porn video producers, there comes a point where such things simply doesn't excite anymore.
Therefore, he's either a colossal idiot or his DNA got on her another way.
smartacus
Alex Einz, MsDelicious
I can't see any reason for the surgeon's saliva to be on the woman's left breast. How did it get there? During the operation, he must have worn gloves.
My guess is that he probably did whatever he did in the ward, after closing the curtain around the bed, so none of the other three patients could see what was going on.
turbotsat
It's not like he's NOT going to look around before doing it ... and hospital beds often have privacy curtains ...
An American gynecologist collected at least 1200 videos of his patients before he was caught ... (1200 that they found on his home servers) ...
http://www.nydailynews.com/news/national/pelvic-exam-pics-cost-johns-hopkins-190m-lawyers-article-1.1874623
Disillusioned
So, please explain how his DNA and saliva got onto the woman's breast. It's a pretty thin defense trying to blame the victim when there is evidence to the contrary, don't you think? If that is the only defense he has, he is going to jail for sure!
no1samurai
This is an interesting case. Without a direct witness, will DNA be enough to convict?
I hope JT will keep us informed of any new developments.
goldorak
Maybe he just spat on her after surgery i.e 'bloody hell, that was a pretty tough job! (spit). Reckon i deserve a few cold ones with the lads'.
That would explain the presence of his DNA. Case closed.
Raw Beer
Sneeze?
Or possibly the alleged victim rubbed on her breast the rim of a cup or PET bottle used by the Dr., it's possible.
... but much more likely is that this guy is a sick pervert.
Thunderbird2
So saliva WAS found on her, so not just random DNA, ergo he did the deed. Sack him, take away his licence and let her bloke have a go at him. You go into hospital to be healed, it should be a protective environment - and along comes Doctor Perv. Guy's a creep.
HenryK
finally some news
M3M3M3
No. As MsDelicious points out, you can't distinguish between DNA in saliva and any other DNA. Moreover, it's actually impossible to definitevely prove it was even saliva. There's no forensic test that can determine this. When rape kits test for saliva, what they're actually testing for is the presence of an enzyme called alpha amylase. Saliva happens to contain high concentrations of alpha amylase, but so does breast milk, and so does sweat (but to a lesser extent). I'd be curious to know more about the victim here and when the samples were taken. Without any other evidence, this seems like a miscarriage of justice waiting to happen.
Goodlucktoyou
This will effect his family. They will be shunned by their community and his children will be bullied. He can't pay his mortgage or look after his grandparents. What a fool. One lick, if it is true, has stuffed the lives of so many people.
turbotsat
Do they normally go around testing patients' breasts for doctor DNA without any other evidence? Is this a Japan thing?
dcog9065
For some reason, it seems like a long time since a defendant is actually contesting the charges being brought against him
smithinjapan
Sicko. Take away the guy's license, for starters. Then lock him up. If his saliva was found on her breast, I think that's pretty much a smoking gun. Else how did it get there? Was he just standing over her naked upper body drooling?
Dan Lewis
Lick me once, shame on you.
No, actually shame on people jumping to conclusions.
Thunderbird2
M3M3M3... if the article says it was saliva then they must have a reason for that. If it wasn't saliva why would they say it was? Hmm?
sfjp330
smithinjapanDEC. 01, 2016 - 06:03PM JST Sicko. Take away the guy's license, for starters. Then lock him up. If his saliva was found on her breast, I think that's pretty much a smoking gun. Else how did it get there? Was he just standing over her naked upper body drooling?
Typical of typical Japanese mentality as above. They probably stop searching at that point. Now law enforcement is as ignorant about math science probability and DNA as anyone. They say, "we got him, we got the guy! his DNA matches." They go to the victim and say, "we got him we got the guy his DNA matches! he's the one! All we need from you are a few more details - anything you can remember, to put him away, so you can have closure." The unfortunate victim or family just as ignorant about DNA, believe the cops. The cops lead and coach additional details. They arrest if they haven't already, go to court, and with forensic and procedural spin it's a slam dunk conviction. Scary.
M3M3M3
@turbotsat
Unless there are other fact, the only other evidence seems to be the woman's complaint. Unfortunately it's probably a bit unreliable given her condition after the surgery.
Yes, his DNA is there, but there is an innocent explanation for how it might have got there. No, we can't be certain that there was saliva on her breast, but even if we assume it was, we will never be able to prove who it belongs to. It could even be the victims own saliva. Just consider how many times per day the average person puts their own finger in or around their mouth or lips (it's alot even if you don't notice, apparently we touch our own faces something like 1000+ times per day) and then how many times you would touch your own breasts before going in for a surgery. It all adds up to reasonable doubt in the absence of more evidence.
Remember, the question is not actually whether he did it or not, it's whether the evidence is strong enough to convict. The system is designed to allow guilty people to walk free in cases where the evidence is borderline.
@Thunderbird2
The prosecution is probably just claiming that it's logical to conclude it is saliva based on the presence of alpha amylase since they can't prove it directly. I suspect this nuanced distinction has just been lost in the reporting.
bones
First a serial foot licker now a ..... wait a minute..what's so wrong about licking a breast??
Davnetcat
Drug induced fantasy.
FightingViking
@Alex Einz
...and I don't doubt that - but shouldn't have been the "right" breast in that case ? That was the one he operated on after all...
el
Drug induced fantasy? Oh really? All women so want to have their breast licked that they think of this first thing after anesthesia? Give me a break
toshiko
He operated her tiight breast. Surgeries usually have several assistants accompanying a surgeon. Handing equipment,etc. DNA on left breast. Helmut have took out his mouth cover and .....sneezed on her left breast Watch out all. Breast feeding mothers.
Mike O'Brien
Yes, because news articles never get the details wrong and journalists never make assumptions.
What a person imagines while under the influence of drugs does not necessarily correspond to anything the person wants to have happen. Give me a break.
smithinjapan
sfjp330: "Typical of typical Japanese mentality as above. They probably stop searching at that point. Now law enforcement is as ignorant about math science probability and DNA as anyone."
You're acting like they found an arm hair on her clothing or something. Dude, it was the doctors SALIVA on the woman's naked BREAST. Please do tell us how it got there, my friend.
oldman_13
Sounds like something out of a J porn movie.
wontond
Japan always provides such interesting stories.
turbotsat
The victim's complaint is the 'other evidence'. They didn't check for DNA for no reason. The doctor has too many excuses.
5SpeedRacer5
Innocent until proven guilty. What I might add here is that A LOT of people apparently do not want to pay for medical procedures after they get them. This is kind of a "thing" apparently. It is so bad at some hospitals that you don't get to leave until you have seen and acknowledged, and preferably paid, your bill.
If you can't afford a lawyer to weasel your way out of paying a bill, you can always make a plausible claim and have the government investigate someone on criminal charges.
If the doctor were guilty, wouldn't he have pleaded out or admitted it by now so that all of this could have been swept under the rug?
Miguel Lozano
Is it not irrelevant? Whether he had licked it or not, I dont understand why they care about something that stupid to the point to make a trial. Its a fact that the only reason to this is that they believe it is a opportunity to make money, but I dont think its something positive that things that inconsequential can be taken like if they were that serious to bring them to a juridic level.
sensei258
Don't bet on it. The case will be dropped after he sincerely apologizes, and passes her a fat brown envelope
Alex Einz
he did stand over her naked body, operating.. anything can happen while that including his sweat on her tits. there is not enough quality doctors that can perform those surgeries so yes I rather give him the presumption of innocence . maybe he was testing that nerves are ok on both breasts.. tons of explanations... throw the case out! besides people are way too bloody sensitive , nobody would make a fuss if that was a guys breast licked eh
sir_bentley28
Keep in mind, everyone, the JPolice will say ANYTHING to get a confession! Also, my thing is, if he is a breast surgeon, he sees breasts everyday. Different sizes, textures and perhaps colours. What was it that made him want to lick this ONE PARTICULAR LEFT BREAST. And keep in mind, the doctor also had proof that he didn't do it! There were other patients in the room.
Don't be sheep!
5SpeedRacer5
"And keep in mind, the doctor also had proof that he didn't do it! There were other patients in the room."
Not strong enough. You cannot really call this proof. Proof would be someone watching him the whole time without blinking, and testifying that he definitely did not do anything. I think that what he is saying is that none of them saw him do anything like that, which DOES NOT mean it did not happen. It simply makes it less likely that it happened.
I only care about this whole thing for one reason. I wonder if they can get a conviction based on the testimony of a drugged witness and a DNA swab. I would be surprised if they could. And I suppose if I were his lawyer, I would argue that the DNA is contact DNA that came from his breathing on it, or something. It could happen.
I am also inclined to think that people don't get so passionate about their work that they lose control. Do garbagemen lick trash cans? No. Do cooks like to eat their own cooking? I think most don't. Professionalism is not passion. It is pretty well a lack of passion.
But who knows what really happened. See what kinds of problems privacy causes, people? If we had cameras everywhere, things like this would not happen!
MsDelicious
Were their any other women complaining about saliva on their breasts? I doubt there was not, but I bet a lot more will have dream recall now that a bank account is wide open.
Rashadoz
Yes . Delirium can happen after surgery as a complication for the surgery and anesthetics . I remember myself after finishing surgery ( appendicitis ) on a 25 years old lady few years ago , when I was cleaning her belly button from the blood clots using cotton, and putting plasters . She said stop sexually harassing me - I was with her mother and other doctors and a senior nurse . Thanks god they were with me , I was so embarrassed that I hate myself for the next few weeks .
Mike O'Brien
As far as anybody knows he has done this many times in the past but this is the first time that it was reported and/or investigated.
toshiko
Doctors usually wear smooth maxk on his/her mouth.
Dan Lewis
Reminds me of Terminator 2.