Up and down and around the pts body
I thought that was the prosecutor's summary, not the actual testimony by the driver.
Even if the driver did say those words, which was probably like a dream come true for the prosecutor, it may not have been made as an accusatory statement nor implied inappropriate actions.
"Was the accused moving his hands up and down and around the body of the patient?"
"Yes" is still a true statement.
There is no mention of whether or not it was improper.
.wow sounds like an assessment to me, which happens to be what the girl described.
Me too. In fact, it could probably be used to describe every physical exam I have ever done.
I think a lot of the accusation may be subjective. Most people are nervous over a physical exam, particularly more "intrusive" parts of the exam.
It is also situationally and culturally variable.
Imagine your first physical exam by a healthcare provider without a parent. Perhaps you were a bit nervous, maybe outright scared.
So you are telling your mom you didn't like certain parts after the fact.
Somebody "overhears" this, decides this hearsay sounds inappropriate for the circumstances. (let's just accuse a nurse
) then comes in and tells you how it was inappropriate and that you should contac t the authorities.
Now you believe it was inappropriate because somebody who would know or you trusted told you it was.
As such, the legal system is engaged. The LEO investigates, a prosecutor decides there is enough to proceed. Eventually there is a plea or a trial.
Maybe you just don't like the person or reason you are having the exam so to exact some revenge you level an accusation?
Maybe you do so hoping to not have to pay a bill for service?
Even this clip leaves many unanswered questions.
Just to be the devil's advocate, who is to say he didn't do something wrong and just told a good story in court or left insufficent evidence?