Published on November 25, 2022 at 7:30 am
This 60-year-old specialist in endometriosis, former head of the gynecological-obstetrics and reproductive medicine department at Tenon hospital, was indicted on Wednesday. He is also placed under judicial supervision with a ban on contact with the victims and on holding gynecological consultations, according to a judicial source on Thursday, confirming information from Franceinfo.
Following a first complaint, the Paris public 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, later extended to gang rape. On January 3, a judicial investigation had finally been opened for violence by a person responsible for a public service mission.
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A step forward for complainants
“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, My-Kim Yang-Paya, lawyer for fifteen complainants who denounced aggravated violence. or rapes. Her clients “have filed a complaint so that there are no other victims, thinking of their daughter or granddaughter”, she specified, also seeing in the ban on holding private consultations ” breakthrough “.
This “minimum qualification may change during the instruction. Judicial control is when necessary and was expected by the many victims, ”reacted Me Mourad Battikh, who defends another 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 had not 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”.
Émile Daraï has since been permanently withdrawn from his responsibilities as head of department and head of education.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 of complaints for rape targeting the practitioner in September 2021 – called for protests against his presence.
When asked, StopVOG said he was “delighted” with the indictment of the obstetrician. “But for a year, we have been asking 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,” said the founder and spokesperson of the collective, Sonia Bisch.
The case of Professor Daraï echoes that of Chrysoula Zacharopoulou, a gynecologist who is also a recognized specialist in endometriosis. The former secretary of state 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 National College of French Gynecologists and Obstetricians (CNGOF) has enacted a “consultation charter”, which recalls in particular that “the woman’s oral agreement is obtained before any clinical examination” and that the act “must be able to be interrupted as soon as the patient expresses the will”.