Defense attorneys for a Utah OB-GYN accused of sexual abuse asked a judge Monday to dismiss some of the criminal charges filed against their client, arguing that prosecutors did not show enough evidence to prove the doctor touched his patients in order to intentionally hurt them or sexually arouse himself.
The Utah County attorney’s office has charged David Broadbent with 29 felonies in connection to eight patient reports; he also is being sued in civil court by hundreds of former patients who similarly alleged he assaulted them during exams.
Prosecutors charged Broadbent with object rape and forcible sexual abuse, charges that require them to show not only that the doctor touched his patients’ genitals but that he did so to “cause substantial emotional or bodily pain” or “arouse or gratify the sexual desire of any individual.”
Defense attorney Cara Tangaro argued that prosecutors failed to show that in the four cases at the center of Monday’s hearing.
“Dr. Broadbent is obviously an OB-GYN,” Tangaro argued. “As such, he is going to be touching breasts, touching vaginas, performing tests and doing rectal exams.”
Tangaro further argued that the alleged victims’ accounts had changed over time and may have been influenced by their civil attorneys. These former patients did not come forward to police, she noted, until after another woman spoke about her experience with Broadbent on a podcast.
The four cases argued Monday are at the preliminary hearing stage; 4th District Judge Kraig Powell heard testimony and evidence in these cases at a previous hearing.
Powell on Monday was tasked with determining whether prosecutors had successfully showed “probable cause,” meaning they presented enough evidence to indicate a crime had likely been committed, allowing the case to move forward. (It is a lower standard than “proof beyond a reasonable doubt,” which a jury must find during trial.)
Deputy Utah County Attorney Michael Starrs argued on Monday that none of Broadbent’s actions were “medically necessary,” pointing to testimony from a lawyer and sexual assault exam nurse, who as an expert witness testified she was concerned with each of the cases.
Powell wasn’t swayed by the defense’s arguments about intent, saying at this stage of the case, he can infer Broadbent’s motivation, and it’s a jury’s job to make that final determination.
But the judge did dismiss five object rape charges, finding that prosecutors did not show evidence that Broadbent placed his fingers inside a patient during certain exams.
Tangaro said in a statement Monday that this stage of a criminal case is “often a low point” for someone who has been accused, because prosecutors have a relatively low burden of proof to meet, plus a judge has to weigh any evidence in favor of the government.
“Dr. Broadbent disputes much of what these women say as to what procedures he provided or medical actions he took,” she said. “He also adamantly denies engaging in any behavior with the intent to arouse sexual gratification or cause substantial bodily pain.”
Though Powell dismissed a handful of charges, Broadbent still faces two dozen felonies. The cases are in various stages in the court system, and the doctor is expected to be court again for similar arguments in a different case on March 2.
Broadbent has agreed to stop practicing medicine while the police investigation and prosecutions continue.