- David Broadbent, a former Provo OB-GYN, was ordered to stand trial for sexual abuse allegations in four cases on Monday.
- Judge Kraig Powell found sufficient evidence for nine object rape counts and one forcible sexual abuse count against Broadbent, but dismissed five object rape counts.
- Broadbent's attorney argued medical practices vary and the necessary intent was not proven.
PROVO — A judge determined on Monday that there is enough evidence for former Provo OB-GYN David Broadbent to stand trial on allegations from four additional women who say they were sexually abused during medical appointments with him.
Deputy Utah County attorney Michel Starrs argued Broadbent's actions in each case were "not medically necessary," citing testimony from Susan Chasson, a nurse who testified as an expert at the preliminary hearings for Broadbent.
Broadbent was ordered to stand trial on nine counts of object rape, a first-degree felony, and one count of forcible sexual abuse, a second-degree felony.
One woman claimed he did not use gloves during a sensitive medical examination and laughed and continued after she told him it hurt, the prosecutor said. He said another woman claimed Broadbent massaged sensitive areas unnecessarily during a pregnancy exam and did an interior exam to check the position of a baby when Chasson said this typically happens externally.
Starrs said another woman claimed Broadbent told her he needed to perform certain actions before placing a speculum for an exam, which Chasson also testified were not necessary. That woman also claimed he did interior exams to check the position of her baby although the woman wanted a C-section so the baby's position did not matter.
Fourth District Judge Kraig Powell did dismiss five similar felony charges filed against Broadbent in two of the cases during Monday's hearing, ruling there was not enough evidence to support the additional charges in the women's statements.
In one case, Powell dismissed one of the two counts of object rape, a first-degree felony, saying that two counts would require additional evidence. Starrs said the second charge was associated with the claim that Broadbent continued his actions after being asked to stop.
Four counts of object rape were dismissed in another case where Starrs argued the alleged victim's statement conveyed that the alleged object rape happened at each appointment, but Broadbent's attorney Cara Tangaro and Powell said they read the statement differently, and the woman said the alleged action happened at three appointments. In that case, Broadbent is still charged at this point with five counts of object rape.
Tangaro said that Chasson has far fewer years of experience than Broadbent and that practices change over time. She said the case Is different from other similar charges because, as an OB-GYN, her client would be touching sensitive areas in normal circumstances.
"That needs to be taken into account, just because (Chasson) wouldn't do these examinations or do these things this particular way doesn't mean that it is criminal to do them another way," she said.
Tangaro also questioned in some cases why prosecutors did not attempt to find information about a chaperone in the room for exams, which she said was Broadbent's typical practice.
She said the four women associated with these charges did not make any complaints to law enforcement until a podcast related to Broadbent was released, and there have been ads soliciting women with experiences with Broadbent to come forward. She said that needs to be considered in the criminal charges.
Tangaro said prosecutors had not proven that Broadbent had the intent to cause emotional or physical harm or to gratify sexual desire for either himself or the women, which is a required element of the charges.
Starrs said that if there is not a medical reason for the actions, the judge could make an inference about Broadbent's intent; at this phase in a case a judge makes inferences in favor of prosecutors.
Broadbent was previously ordered to stand trial for forcible sexual abuse, a second-degree felony, and object rape, a first-degree felony, in relation to a separate woman's allegations. He also faces three additional cases based on allegations from three other women. A hearing was set on March 2 for attorneys to provide oral arguments regarding whether Powell should order him to stand trial in those cases.
