Jury retire to decide on doctor rape case
A jury has been urged to find a doctor not guilty of digitally raping a patient during a pap smear, with a defence barrister arguing it was "all an awful misunderstanding".
Hervey Bay general practitioner Olajide Olusesan Ogunseye, 53, of Urraween, is facing a trial in the Brisbane District Court on one count of rape against the young woman two years ago.
Dr Ogunseye pleaded not guilty to the rape charge, that related to an incident in an examination room at Torquay on October 4, 2018.
Throughout the trial the Crown has alleged that the 25-year-old woman went to Dr Ogunseye because she was experiencing menstrual pain.
During a pap smear, the woman claimed Dr Ogunseye used his fingers to penetrate her in a sexual way, making her "feel uncomfortable" before leaning forward to try and kiss her.
Before the jury retired to make their decision this afternoon, barrister Angus Edwards said in his closing statement that the allegation was a "gross over-reaction".
"This is not a trial about a doctor who raped a patient, this is a trial about a woman who completely misinterpreted an entirely proper medical examination," Mr Edwards said.
"The awful truth is that she was lying there feeling uncomfortable while he was conducting a routine examination."
Dr Ogunseye's wife along with patients and colleagues took the stand this week testifying that he was of "impeccable character" and had been well respected in the medical profession for more than 25 years.
But prosecutor Noel Needham said during his closing statement that Dr Ogunseye had used the imbalance of power to his advantage.
"Professionals can do unprofessional things, people of cultural importance can slip," he said.
Earlier this week, the jury was played a secret recording made by the young woman in which she confronts him about what happened.
In the tape, Dr Ogunseye is heard saying "I'm begging you, I made a mistake … I don't want this single mistake to mess up our life".
Mr Needham suggested this was proof of the rape, but Mr Edwards argued there were cultural reasons why Dr Ogunseye had apologised.
The court was told Dr Ogunseye moved to Australia from Nigeria in 2001 and came from the Yoruba ethnic group.
Retired linguistic expert James Oladejo gave evidence for the defence that Yoruba people will often apologise even when they are not at fault to avoid conflict.
Judge Nathan Jarro sent jurors away this afternoon to consider their verdict.
Originally published as Jury retire to decide on doctor rape case