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Patient tells judge she confronted local doctor after examination-room groping

Issue began after joke about oral sex, court hears as Crown lays out its case
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The Sault Ste. Marie Courthouse is pictured in this file photo.

Sobbing and often wiping away tears during her highly emotional testimony, a Sault Ste. Marie woman told a judge Wednesday about how she was groped and touched sexually by her doctor in the fall of 2015.

The 38-year-old described two incidents that she said occurred on Oct. 16 and Dec. 4 in the physician's examining room at his walk-in clinic at the Market Mall

Dr. Peter Schwarz pleaded not guilty to two counts of sexual assault at the beginning of his scheduled three-day trial.

A publication ban, imposed by Ontario Court Justice Romuald Kwolek, prohibits reporting any information that could identify the complainant.

The woman said Schwarz became her doctor eight to 10 years ago, after her physician retired, and he was treating her for a number of ailments, including a thyroid condition and eczema.

She indicated to Paul Larsh, north region sexual violence Crown attorney, that she is a daily user of medical marijuana and has a permit, provided earlier by another doctor, for conditions that include arthritis, asthma, and a hereditary inflammatory disease.

Although Schwarz didn't prescribe the marijuana he was 100 percent supportive and that was "one of the reasons I liked having him as my doctor," she said, adding "I thought he was great . . . I thought he was my friend."

Minutes after she began testifying the woman burst into tears, telling the North Bay prosecutor "I feel bad for his wife. She's sitting there (next to Schwarz, behind his lawyers in the front row of the courtroom)."

The woman said she had regular blood tests to monitor her thyroid condition, and also saw a gynecologist-specialist for human papillonarvirus (HPV).

After learning she had pre-cervical cancer, she explained that she was concerned that the sexually transmitted disease would be in her mouth because she enjoyed oral sex and asked her dentist about it.

The "embarrassed" dentist, checked her mouth and said it was fine.

When she next saw Schwarz, for her regular thyroid blood work requisition, the woman said she told him what she had discussed with the dentist, how the dentist's "face went beet red," and "we laughed."

The witness testified that as she was leaving office, before she opened the door, Schwarz said "it's funny you said that and that you like doing that (oral sex)."

"As I was walking down the hall I joked 'Not any more. You're lucky I have some control,'" she told Larsh. "It was just a joke. I know it was inappropriate, but it was just a joke."

Fighting back tears, she admitted this obviously implied something, but it was a joke and "something I shouldn't have said."

"I had never made an off-colour comment to him before," she insisted "I thought it was funny."

The woman said she normally wasn't contacted by Schwarz's office about her blood work results, but when she got a call that he wanted to see her, she "started panicking since they never called me in five years."

Explaining that she was scared, she said that she went to the walk-in clinic the next day (Oct.16), rather than waiting for her Oct. 20 appointment.

When Schwarz came into the room, he rubbed her back and told her she shouldn't be joking the way she had been in the hallway, she said.

He was always rubbing her back so it wasn't a big deal, she testified, adding "it  was weird. I didn't know what he was talking about. I was worried about the blood work."

The woman said he replied that her blood work was fine when she asked about it, then told her the gynecologist wanted him to tell her that she should stop smoking and get the HPV vaccine.

The woman said she had already discussed this with her gynecologist, so was curious why she was there, and asked about her cholesterol.

When Schwarz said it was fine, she responded that it was because she'd lost weight (65 pounds), and showed him her "flat tire area."

He walked across the room and "touched the fat roll."

"I was thinking maybe he's going to tell me to get a tummy tuck. He'd talked about it before," but he said "that's not fat" and then rubbed her breast, saying "that's not fat either."

Schwarz then told her to stand up, hugged her and "put his hands on my butt cheeks," again saying "that's not fat either" before once more touching "my boob," she told the court.

Her doctor again cautioned her not to joke in the hallway because someone could hear it. "I got what was going on the first time he touched me."

The witness said she "was frozen, which is very unlike me," by what had happened. "I'm a strong person and don't put up from s**t from anyone."

As she was leaving the office, "I said this has been an interesting visit" and went home.

Often raising her voice, the upset woman testified that she was "blown away" and "confused" by Schwarz's actions.

She told Larsh that she tried to be flattered "because he's such a prominent person, so educated, the complete opposite of me. I'm a street kid and I come from nothing."

But trying to pretend that she was flattered and that nothing had happened because she liked and respected Schwarz and didn't want get him in trouble didn't work, she said

When she returned home, the complainant called her sister, who recommended she document what had happened.

Kwolek heard she used her cell phone that day to make a five-minute video, which was played in court.

When Larsh asked if Schwarz had examined her that day, she stated "this was not a medical exam, it was sexual.

"I know the difference between a medical examination and being groped . . . I'm not stupid."  

During cross-examination defence counsel Dominic Lamb showed her a copy of her medical record from that October visit indicating that the doctor had examined her heart and lungs.

"Does that change your evidence?" he asked.

"No, he did not check that," she responded, indicating that the information was incorrect.

When the Ottawa lawyer suggested his client had never touched her breast or buttock, she retorted "seriously, come on, you can't accuse me of that. He definitely touched me in a sexual manner that day."

Lamb also questioned whether she was mistaken about having made the joke during the Oct. 2 visit.

"I'm 100 per cent sure. The joke took place the day I got my blood requisition. Period."

The complainant testified that she visited Schwarz again on Dec. 4 to obtain cream for her eczema, and also had a plan to confront him about what had occurred in October.

She said she told him she wanted to know why he had touched her on her last visit, asked if he liked her and wanted to have sex with her, pointing out that they were both married.

"He answered all my questions," indicating that she turned him on and wanted to have sex with her, the woman said.

"I said I'm not interested in sexual activity," and she said she thought Schwarz understood that by comments he made about his family and practice.

But as she was leaving, he hugged her and rubbed her buttock, she told Larsh.

"I'm  thinking what the f**k, he wasn't listening to me."

Lamb questioned why after this confrontation she attempted to visit the doctor later that month.

Replying that she didn't know what to do, she explained that she wanted to talk to him again because she "thought we had a meeting of minds at the last appointment, until I walked out."

The woman told the defence she was brave enough to go there and confront Schwarz on Dec. 4, and felt she was strong enough to again question him.

"I wanted to say why did you do that when I told you I wasn't interested."

She then said that in hindsight she realized things wouldn't have worked out so well if she'd spoken to him again.

"You can't pretend someone didn't sexually assault you. I chose to do the right thing.'

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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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