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Australia Stealth-rape accused surgeon awarded Order of Australia

02:51  04 february  2020
02:51  04 february  2020 Source:   smh.com.au

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An Australian surgeon charged with raping a Victorian doctor when he allegedly took his condom off without permission has won a court of appeal battle against the Medical Board of Australia to keep treating patients. The well known Sydney-based surgeon , who is also an academic, was arrested and

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a man wearing a suit and tie smiling at the camera: Dermatologist Liang Joo Leow© Supplied Dermatologist Liang Joo Leow A Sydney surgeon charged with raping a Victorian doctor when he allegedly took his condom off without permission has been awarded a prestigious Order of Australia medal in the latest controversy to plague the country’s top accolade.

The Age and Sydney Morning Herald can reveal high-profile NSW dermatologist, Liang Joo Leow, was one of 1,099 people awarded an Australia Day honour for his service to "medicine and to the community".

While Dr Leow is entitled to a presumption of innocence, it has raised further questions about the selection and screening processes of Australia Day honours recipients.

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The revelation follows heated calls for men's rights activist Bettina Arndt to be stripped of her Order of Australia.

Victoria's Attorney-General Jill Hennessy, sexual assault survivors and advocates of domestic violence prevention have condemned the conferring of Ms Arndt’s Australia Day honour, awarded for her "significant service to the community as a social commentator and to gender equity through advocacy for men". Arndt has not been charged with any offence.

Dr Leow, a Sydney-based surgeon, who is also an academic, was arrested and charged by Victoria Police in September 2018 after he was allegedly involved in a 2017 incident of "stealthing", the non-consensual removal of a condom, during sex with another male doctor.

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In July last year, Dr Leow was committed to stand trial in the County Court on one count of rape and one count of sexual assault.

Under Victorian law the non-consensual removal of a condom and continued penetrative sex is classified as a sexual assault, but there is nothing in the Crimes Act in Victoria that explicitly states stealthing is a crime.

Dr Leow, whose name was initially suppressed, had his practising licence suspended by the Medical Board of Australia last year, but the ban was lifted following a battle in the Victorian Civil and Administrative Tribunal.

The medical board fought to overturn the VCAT decision through the Victorian Court of Appeal, arguing that Dr Leow was charged with a serious criminal offence and should not be allowed to treat patients while standing trial for rape.

Justice Richard Niall dismissed the appeal in August finding that allegations were yet to be tested and immediate action against the surgeon was not in the public's interest.

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The two are accused of then taking Jane Doe 2 to Robicheaux's apartment and sexually assaulting her with the intent to commit rape . Robicheaux is a well-known surgeon in Orange County and has treated sponsored athletes. He was also once featured on the Bravo show "Online Dating Rituals of

Dr Leow, who runs his own medical practice, Aesthetic Dermatology in Darlinghurst, also has surgical privileges at St Vincent's Private Hospital in NSW.

He is one of only three dermatologists nationally who regularly operate in theatres at a major teaching hospital.

A website for his practice describes him as "a highly skilled and trained procedural dermatologist" who specialises in Mohs surgery- a surgical technique used to treat skin cancer- along with reconstruction, laser and cosmetic surgery.

Dr Leow was a 2019 alumni achievement award recipient at the University of New England and has voiced international campaigns for the likes of Tourism WA and the University of Technology Sydney.

He has also been an interpreter for Australian, British, US, Canadian, Indonesian and Malaysian heads of state at meetings of the G20 and United Nations.

He has volunteered as the chief medical officer for Sydney’s Gay and Lesbian Mardi Gras in recent years.

Court documents obtained by The Age revealed Dr Leow and the complainant met in 2010 and remained in contact when Dr Leow moved interstate.

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VCAT documents reveal that Dr Leow and the other doctor had been out to dinner when they decided to return to the doctor's home.

Worried about contracting HIV, the complainant told Dr Leow, he would not have sex without a condom, and that medication the surgeon was taking to avoid contracting HIV was in his view an added safety net, not a substitute for using a condom.

But when they began to have intercourse it is alleged the complainant could not feel a condom and later told police he was “very upset and distressed” and asked Dr Leow why he had removed the condom.

Court documents reveal the accused replied "it feels better".

A spokesman for the Office of the Governor-General said all nominations for the Order of Australia were considered by the independent Council for the Order of Australia, which includes community members and representatives from each state and territory, who make recommendations to the Governor-General.

He said it was not possible to discuss individual nominations or the Council for the Order of Australia’s deliberations around any specific award or appointment.

"Prior to consideration by council, nominations are researched — including desktop research, checking with referees identified in the nomination and proactively identifying and contacting additional referees identified in the research phase," he said.

Under the Constitution of the Order of Australia, the Governor-General can strip an award from a recipient who has been convicted of a crime, behaved or acted in a manner that has "brought disrepute on the Order", or received an award based on false or misleading information.

When contacted by The Age and Sydney Morning Herald Dr Leow's lawyers declined to comment.

Dr Leow did not return repeated requests for comment. He is due to appear at the County Court for a directions hearing in May.

If you have experienced sexual assault, domestic or family violence, call 1800 RESPECT on 1800 737 732.

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