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People v. Pham
Court of Appeals of California
103 Cal.Rptr.3d 366 (2009)
- Written by Craig Conway, LLM
Facts
Three women, Elsa, Toan, and Julie, a minor, saw Chi Van Pham, a chiropractor (defendant), to receive medical treatment for their various injuries. When each arrived at Pham’s office they signed various medical forms informing them that Pham would manipulate their bodies in uncomfortable ways to diagnose and treat their injuries. At various points in the women’s treatment, Pham touched their breasts, pubic region, and buttocks while maintaining a professional demeanor. The three women believed the touching served a professional purpose. The State of California (plaintiff) charged Pham with sexual battery by fraud. A jury convicted Pham, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Bedsworth, J.)
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