Recently a 60 year old patient has accused Dr. Horace Newhard, a family doctor who has been a medical doctor since 1973, of sexual assault in California. The patient alleges that during a medical exam of her vaginal area that the doctor “thrust something into her” and then she felt the doctor touch her breasts. The doctor alleges that any touching that took place was entirely for medical purposes without sexual intent.
The Medical Board of California stated when interviewed that the doctors medical license is still active but at this time he is required to have a “third party” present when examining female patients.
When you are accused of a sexual offense, often the “touching” of the alleged victim is not contested.
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However, the “intention” of the defendant at the time of the touching is critical to the defense. The prosecution must prove that the accused touched the alleged victim with the specific intent” to sexually arouse himself or the alleged victim or both.
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At Wallin and Klarich we have been helping people accused of sex crimes for almost 30 years. If you or a loved one finds themselves accused of a sex offense it would be a very wise decision to seek out the professional advise of an experienced California criminal defense lawyer from Wallin and Klarich at 888-220-6839 or go to wklaw.com for more information on how we can help you.