article_detail

A court in Murcia has ruled that the surgeon accused of raping a sedated patient during cosmetic surgery will remain in prison while the investigation continues, citing concerns about repeat offences and the seriousness of the allegations.

 

Judges from the Third Section dismissed an appeal from the defence of David S., who is under investigation for the alleged sexual assault of a patient at a private hospital in Murcia. The ruling upholds his pretrial detention and rejects requests to overturn the original order or declare the case null and void.

 

While the court acknowledged that there are “numerous doubts” surrounding the evidence, it stressed that this does not mean such evidence does not exist. Judges pointed to statements from two nurses present during the operation, video footage recorded inside the operating theatre and a medical report noting an injury to the inner vaginal wall of the alleged victim. They concluded this was sufficient for the case to proceed, with the weight and validity of the evidence to be examined during trial.

 

One of the nurses told investigators she felt “uncomfortable and incredulous” during the procedure, adding: “It seemed surreal to me.” Another described noticing what she called “continuous pelvic movements” that stopped only when other medical staff entered the room.

 

Crucially, the judges said the appearance of additional complainants reinforces the risk that justified keeping the surgeon in custody. The ruling highlights that two new patients have reported similar alleged attacks, strengthening concerns about repeat offences.

 

David S. is accused of assaulting a 52-year-old woman while she was sedated during breast reconstruction surgery on Wednesday December 4. The operation was partially recorded by nursing staff, footage that later became a key piece of evidence. Those initial allegations led to his arrest and pretrial detention in December.

 

The surgeon has consistently denied the accusations. In his statement to the judge, he insisted the pelvic movements seen in the video were normal during liposuction procedures. “I do them in every liposuction procedure,” he said. “Sometimes you have to assume strange positions.” He also claimed the compression garments he wore would have made any assault impossible.

 

Although the court accepted that the defence had presented “convincing” arguments about his ties to Spain, including residency in Alicante, a Spanish medical degree and registration as self-employed, judges ruled these were outweighed by other factors. These included the potentially severe sentence he faces, the fact that he is a Mexican national and his stated intention to move abroad.

 

Raúl Pardo Geijo, lawyer for the first alleged victim, said the decision was legally sound. “It seems to me to be in accordance with the law,” he said. “The court itself recognises that key investigative steps are still pending, but the legal requirements for pretrial detention are clearly met.”

 

He added that caution remains essential, but warned of the seriousness of the case. “If the accusation is proven, I will seek the maximum penalty,” he said, citing what he described as the extreme gravity of the alleged acts.

 

Meanwhile, Policía Nacional investigators are awaiting the results of forensic tests on biological samples found on the surgeon’s gown. Officers have warned there may be further victims who were unaware of any alleged assault because they were under sedation.

 

The investigation remains open, with separate proceedings now under way in the courts of Murcia and Orihuela, depending on the alleged victims’ place of residence.

 

Image: Archive