Portland woman reports being raped under anesthesia

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PORTLAND, OR (KPTV) — A Portland woman who reported being sexually assaulted while under anesthesia for a medical procedure is now suing the clinic, seeking damages – and answers.

The woman, who is not being identified, told Washington County Sheriff’s deputies in April 2014 she went to The Oregon Clinic on SW Barnes Road for a colonoscopy. According to police and medical records, she remembers being put under anesthesia, then “waking up from sedation upset and crying.” She noticed pain she described to her husband as “feeling like rough sex.”

Records show she wondered if some kind of vaginal procedure had been done as part of her colonoscopy and “she struggled to understand what had happened.”

She went to her gynecologist a few days later, who noted injuries consistent with “rape.” The woman was referred to the emergency room for an examination, where injuries consistent with “sexual assault” were noted.

“This isn’t [a case of] what somebody says,” the woman’s lawyer, Gregory Kafoury, told Fox 12. “This is what doctors at the ER and the gynecologist for this woman have found: physical evidence of forcible violation, internal and external. That’s about as serious as things can get.”

But because several days had passed since the alleged incident, a rape kit was never done.

Police records from the Washington County Sheriff’s Office show the case is “currently suspended pending further evidentiary leads.”

But Kafoury says that’s because three of the four medical professionals who had contact with his client during her procedure refuse to speak to police.

“The clinic has an obligation to tell anyone who works for them, ‘You talk to the police or you’re fired.’ This is not something you can bury,” Kafoury added. “I have no doubt in my mind that this woman was forcibly violated. I have no doubt in my mind that someone at The Oregon clinic knows who did it.”

But The Oregon Clinic denies any wrongdoing, and released this statement to Fox 12:

“The Oregon Clinic is committed to providing the highest quality patient care in a safe environment. With regard to the recent allegations involving one of our clinics, these same allegations were thoroughly investigated by the Washington County Sheriff’s Office and the Oregon Medical Board last year with our cooperation. All investigations were concluded in our favor because there is no evidence to support these false claims. The lawsuit is baseless and The Oregon Clinic will vigorously defend itself, their physicians, and staff against these false and unwarranted accusations.”

Kafoury filed suit against the clinic Tuesday seeking a jury trial and punitive damages, specifically alleging negligence, battery, intentional infliction of emotional distress and breach of fiduciary duty.

He told Fox 12 he wants to see each person who had contact with his client while she was anesthetized under oath and on a video camera answering questions within 90 days.

“The crucial thing here is that The Oregon Clinic knows they’re at great risk of having a predator dealing every day with unconscious women and they show no interest in finding out who it is,” he said.

No criminal charges have been filed.

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