Sentencing following conviction of a physician for sexually assaulting an adult patient during a medical appointment.
The court treated the breach of trust, the intrusive sexual conduct, and the significant impact on the complainant as aggravating, while giving substantial weight to the offender's lack of record, age, medical fragility, remorse, community support, collateral consequences, and low risk of reoffence.
Applying the requirement that aggravating facts be proven beyond a reasonable doubt, the court declined to treat an alleged sexualized breast examination, premeditation, and deliberate note manipulation as aggravating.
A custodial sentence of 20 months less pre-sentence credit, followed by 18 months' probation and ancillary DNA, SOIRA, weapons, and surcharge orders, was imposed.
