Woman Claims She Was Sexually Assaulted at Clinic, Offered Free Sessions

Penny Garcia claimed in a lawsuit filed earlier this week in Union County Court that during a professional visit to Siouxland Pain Clinic in June 2014, physicians' assistant Nicholas Fernando inserted his finger into her vagina and asked, "How does that make you feel?" according to Courthouse News.

When a nurse entered the Sioux Falls-area examination room, Fernando removed his finger. Garcia said Fernando lifted her shirt and fondled her left breast before moving to fondle her right one after the nurse left the room. While he fondled her, Garcia said Fernando claimed he "used to be that kind of doctor," the lawsuit alleges.

After Fernando allegedly felt Garcia's breasts, the suit claims he advised her to make an appointment for a mammogram.

A biography of Fernando posted on the clinic's site notes his education but does not mention any doctoral training or degrees. A manager at the pain clinic declined comment on the case.

Garcia retuned to the pain center about a month after the alleged assault and told an unnamed physician there about the incident. According to the suit, the physician reportedly offered Garcia eight free therapy sessions and the promise to "get to the bottom" of the abuse allegation.

Garcia is seeking damages for pain and suffering, mental anguish, and loss of enjoyment of life. Garcia's attorney, James Daane, did not return multiple messages for comment.

Krista Heeren-Graber, executive director of South Dakota Network Against Family Violence and Sexual Assault, said in an interview with Broadly that it is not uncommon for those in professions of power such as medical personnel, police, and lawyers to abuse those that turn to them for help.

"Sometimes offenders gravitate to those professions so they are able to hurt people," Heeren-Graber said. "It's important to be very vigilant and very aware of the potential for abuse."

Heeren-Graber says there are often signs to watch out for, "including poor boundaries, [and] when people work very, very hard to gain the trust of someone who they may target as a victim."

Moving into personal space at inappropriate times, touching, or asking personal questions of someone with whom they don't have a personal relationship are among the warning signs, Heeren-Graber said.

"You think of child sexual abuse and how the perpetrators look for children who are vulnerable and needy," she said. "When you go to medical professionals you are in a similar position. You definitely have an imbalance because [a patient] is in a passive position and really relies on and trusts the professional."

Candice Lopez, director of National Sexual Assault Hotline, RAINN, reiterates that sexual assault is about power and control. "We look to medical professionals, the police, lawyers to take care of us, to help us, to tell us what to do," Lopez said. "Many people who use power for sexual gratification are attracted to such positions of power."

It's not uncommon for victims to question their own memories of the assaults.

"When we talk about any type of sexual assault there is so much shame involved for victims," she said. "That alone can stop people from discussing it for a long time or forever. They often ask themselves, 'What did I do wrong? Am I imaging this? What really happened?'"

Of course survivors of sexual assault and trauma respond differently, said Lopez.

"It is very common for survivors of sexual assault not to disclose anything right away," she said. "That is something we commonly hear on the hotline. And we hear a lot of self-blame."

People generally don't discuss sexual assaults and when they do they generally think of the perpetrators as strangers or misfits.

"I think it's important to know that sexual assault can happen in so many places, and so many people [in different socio-economic groups] can be perpetrators," said Lopez. "If a victim is uncomfortable about reporting it but just wants to talk it through, to reach out for support, they should call us."

The toll-free number for the free, confidential National Sexual Assault Hotline is 800-656-4673.