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536: David Farley

David Farley was an Oregon doctor and GOP donor. He lost his license to practice medicine after several patients came forward with complaints that he sexually assaulted them. The patients allege he touched their genitals without gloves and fondled their breasts all under the pretext of a medical exam.

After they came forward over one hundred more patients came forward. A criminal investigation was begun but the Clackamas County DA did not get an indictment from the grand jury. The alleged victims sharply criticized the DA and county law enforcement for conducted a halfhearted and slipshod investigation.

Several of his patients have filed suit. Among the allegations, that Dr. Farley would

  • Require pelvic exams before prescribing medication for unrelated health problems.
  • Give false diagnoses of HPV or cancer
  • Insist on breaking their hymen, performed unnecessary hymenectomy surgeries.
  • Sexually abuse them during pregnancy, labor, and delivery.
  • Do PAP smears on children as young as 13, photographing their genitals.

He has lost his medical license and is barred from reapplying. However, in January 2023, a local television station learned that Oregon law says that people cannot give consent if they are physically helpless which is defined as when “a person is unconscious or for any other reason physically unable to communicate unwillingness to an act.” Being ignorant of medicine and trusting the good faith of a doctor does not fit that definition.

Court rejects delay for doctor sued by 29 forme rpatients
Portland Tribune 
Dec 16, 2020
The Multnomah County Circuit Court has rejected a motion to "stay" the civil lawsuit against former West Linn doctor David Farley.

Farley's lawyers asked for the stay — or a two-year delay — in proceedings of the lawsuit while criminal investigations into alleged sex abuse by Farley took place. According to court records, Farley's attorneys requested the stay because Farley "will be required to invoke his constitutional right against self-incrimination because the same conduct is at issue in this civil case."

West Linn police and the Clackamas County District Attorney's Office are currently investigating the allegations against Farley.

More than 60 former patients of Farley's have come forward, and 29 are suing him, the West Linn Family Health Center, Providence Health Services and Legacy health for sexual abuse they say they endured at the hands of Farley while under his care.

"By seeking this stay, the defense tried to sweep the sexual abuse of hundreds of women and children under the rug in a similar way that Dr. Farley concealed his abuse for decades," John Manly and Tom D'Amore, attorneys for the former patients, said in a press release. "A stay of the case would have denied these women justice for many years."

In his decision to reject the stay, Circuit Court Judge Melvin Oden-Orr noted his consideration of several factors.

"Defendant has no absolute right not to be forced to choose between testifying in a civil matter and asserting his Fifth Amendment privilege," Oden-Orr wrote in the decision, citing a previous court case used in the argument from Manly and D'Amore.

According to the court documents, one of the reasons Farley used to justify asking for the stay was that the alleged abuse took place five to 17 years ago, though Oden-Orr did not seem to find this compelling enough to grant the motion.

The judge also wrote that the stay would act counter to the court's goal to resolve cases within a year of the filing date.

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