He was indicted at the end of November and placed under judicial supervision with a ban on contact with the complainants for violence by anyone in charge of a public service mission.
The renowned Parisian gynecologist Emile Daraï, indicted for intentional violence on patients who accuse him of having carried out examinations in a brutal way and without asking their consent, can resume private consultations, according to a judicial source this Wednesday.
The investigating chamber of the Paris Court of Appeal overturned on January 18 the provisions of the order of the investigating judge which prohibited him within the framework of his judicial control from providing private gynecological consultations, according to the same source, confirming information from France Info.
Violence “by person charged with a public service mission”
The endometriosis specialist, sixty years old, former head of the gynecological-obstetrics and reproductive medicine department at Tenon hospital, was indicted at the end of November and placed under judicial supervision with a ban on contact with the complainants.
Following a first complaint, the Paris prosecutor’s office opened a preliminary investigation on September 28, 2021 for rape by a person having authority over a minor over the age of 15, later extended to gang rape.
But on January 3, 2022, a judicial investigation was finally opened for violence by a person charged with a public service mission, a sign of the difficulty in qualifying facts which associate an act of penetration and an alleged agreement between doctor and patient.
Dysfunction “also collective and systemic”
In December 2021, the report of the internal investigation launched by the AP-HP and Sorbonne University concluded that “the obligation to inform these patients, the relief of their pain, the respect of their wishes had not been respected”.
This document added, however, that “the commission of inquiry does not retain any sexual connotation while certain shortcomings have been noted in the collection of consent to certain gestures”.
The commission also considered that the situation was “the result of individual but also collective and systemic dysfunctions”.
Emile Daraï is no longer head of department at the Tenon hospital but continues to practice there. In the wake of the Daraï affair, the learned societies of gynecology have enacted a “consultation charter”, which recalls in particular that “the oral agreement of the woman is obtained before any clinical examination” and that the act “must be able to be interrupted as soon as the patient expresses the will”.
