This specialist in endometriosis, in his sixties, former head of the gynecological-obstetrics and reproductive medicine department at Tenon hospital, was indicted on Wednesday and placed under judicial supervision with a ban on contact with the victims and to hold private gynecology consultations, according to a judicial source on Thursday, confirming information from Franceinfo.
Asked by AFP, his lawyer had not responded at the end of the afternoon.
Following a first complaint, the Paris prosecutor’s office opened a preliminary investigation on September 28, 2021 for rape by a person having authority over a minor over the age of 15, subsequently extended to gang rape.
On January 3, a judicial investigation was finally opened for violence by a person charged with a public service mission, a sign of the difficulty in qualifying facts which associate an act of penetration and an alleged agreement between doctor and patient.
– “Advanced” –
“My clients see progress in the investigation, they have been waiting for this for a year for some. On the qualification, some are disappointed, but in any case we are only at the stage of the judicial information”, reacted , requested by AFP, My-Kim Yang-Paya, lawyer for fifteen plaintiffs who denounced aggravated violence or rape.
“My clients have filed a complaint so that there are no other victims, thinking of their daughter or granddaughter,” she said, also seeing in the ban on holding private consultations ” breakthrough”.
This “minimum qualification can evolve during the investigation. Judicial control is when necessary and was expected by the many victims”, reacted Me Mourad Battikh, who defends a major complainant.
In December, a report of the internal investigation, launched by the AP-HP and Sorbonne University, had concluded that “the obligation to inform these patients, the relief of their pain, the respect of their wishes do not ( had) not been complied with”.
This document added, however, that “the commission (of inquiry) does not retain any sexual connotation while certain shortcomings have been noted in the collection of consent to certain gestures”.
The commission also considered that the situation was “the result of individual but also collective and systemic dysfunctions”.
Emile Daraï has since been permanently withdrawn from his responsibilities as head of department and head of education. However, he continued to consult.
In May, faced with the controversy, Professor Daraï had given up speaking at a congress of gynecologists, where the feminist collective Stop aux violences obstétricales et gynecologiques (StopVOG) – at the origin of the revelation in September 2021 of the complaints of rape against the practitioner – called for demonstrations against his presence.
Asked by AFP, StopVOG said he was “delighted” with the indictment of the obstetrician.
“But for a year, we have been asking the health authorities to suspend Professor Daraï in order to guarantee the safety of patients. Now, he is suspended for his private gynecology consultations, but that is not enough, because he can always intervene. in the public”, estimated the founder and spokesperson of the collective, Sonia Bisch.
The case of Professor Daraï echoes that of Secretary of State Chrysoula Zacharopoulou, a gynecologist who is also a recognized specialist in endometriosis, who has been the subject of an investigation in Paris since the spring after two complaints for rape and a third for violence.
In the wake of the Daraï affair, the learned societies of gynecology have enacted a “consultation charter”, which recalls in particular that “the oral agreement of the woman is obtained before any clinical examination” and that the act “must be able to be interrupted as soon as the patient expresses the will”.