The Medical Council
Public Information
The Medical Council is the regulatory
body for doctors. It has a statutory role in protecting the public by promoting
the highest professional standards amongst doctors practising in the Republic
of Ireland.
In 2002, The Irish Medical
Council heard 55 allegations against Dr Moira Woods, common law wife of, IRA
Chief of Staff, Cathal Goulding. The Medical Council censured Dr Moira Woods
for Professional Misconduct. The complaints arose from several investigations
of child sexual abuse at a time when Dr Woods ran Ireland's first sexual assault
unit in Dublin's Rotunda Hospital.
The Council's ruling came
after an inquiry that began five years ago and ran to 43 days of hearing
Forty-nine witnesses were heard, and the investigation cost £750,000.
Dr Woods had used anatomically
correct dolls, and provided leading questions to the children involved, while
reminding the children that they had previously told her where they had been
touched.
There are reports of a case
where Dr Woods allegedly failed to check opinions of other medics; where she
accused fathers of abuse with insufficient evidence; where she failed to seek
expert advice on a key issue before making far-reaching allegations of abuse.
On her decisions, children were kept apart from their parents.
The case was inevitably
chilling, as much for its implication as its recorded facts. It deals with
nightmares: the terror of sexual abuse, but also the ultimate horror of any
parent, losing custody of a child over false allegations of abuse.
There were allegations of
over-hasty conclusions, unfair interviews and incomplete reports. In all, Dr
Woods was effectively accused of 55 counts of misconduct. The tally is not as
broad as it might seem, however, for the inquiry dealt with 11 children from a
number of families. In each case Dr Woods was examined on five different areas
of possible misconduct. These included failures to apply adequate clinical
judgement, making accusations based on insufficient evidence, a failure of
competence, not acting in the best interests of the children and acting in a
manner derogatory to the medical profession.
The final tally of proven
counts is not summarised in the Fitness to Practise Committee's findings, but
examination shows the allegations against Dr Woods were found proven in 13 of
the 55 allegations. In the case of one of the 11 children, the Committee ruled
against Dr Woods in all five areas of possible misconduct. It was also found
that she had accused a relative of sexual abuse in cases involving five of the
11 children, "when you knew or ought to have known that there was insufficient
foundation to or basis for such advice".
Case Study Dublin's Rotunda
Hospital
The following information has
been taken from the Transcript of a Court case that was heard in open Court and
in which the alleged victim waved her anonymity. While the Medical Report and
Evidence were denied to the Jury by the Presiding Judge, the damage was done,
in open Court the Trial Judge said that he was satisfied that the alleged
finding of anal dilation related to the abuse alleged. His assertions were
relayed to the Jury as they had lunch in a local Hotel.
Defense Council: Did you
establish the allegations being made in this case before you began a medical
examination of the alleged victim who was 17 years old at the time of the
examination?
Dublin's Rotunda Hospital: Medical
Expert for Prosecution: No
Defense Council: So, you began
an invasive and detailed examination of the alleged victim without first
establishing the allegations being made?
Medical Expert for
Prosecution: Yes
Defense Council: So, let us
start with your findings. What did you find in your examination of the virginal
area?
Medical Expert for
Prosecution: I found that the virginal area was 100% perfect, the alleged
victim was Virgo Intacta, an untouched virgin.
Defense Council: Was there any
scaring, tissue damage, anything to indicate sexual abuse?
Medical Expert for Prosecution:
No, absolutely nothing
Defense Council: Let me read
to you, one of the allegations being made in this case, he was penetrating my virgina
with such force that my head was banging off the headboard and the headboard
bouncing off the wall, is that consistent with what you found?
Medical Expert for
Prosecution: Absolutely not, it is in no way consistent with my findings, her
hymen was fully intact, and that in itself is unusual as about 60% of girls
under 12 years old have their hymens broken by normal activity such as bike
riding.
Defense Council: You then
examined the anal area, is that correct?
Medical Expert for
Prosecution: Yes
Defense Council: And what were
your findings?
Medical Expert for
Prosecution: I carried out an examination and found that there was anal
dilation
Defense Council: Could you
explain to the Court, what process you used to establish anal dilation?
Medical Expert for Prosecution:
Yes, I inserted a digit into the alleged victim’s anus, and then concluded that
there was anal dilation.
Defense Council: So, not
having established the allegations in this case, you inserted a digit into the
rectum of this 17-year-old alleged victim and concluded that a digit had been
inserted, is that what you are telling this Court?
Medical Expert for
Prosecution: Yes
Defense Council: It so
happens, that while you did not establish the allegations being made in this
case before your invasive examination of the alleged victim, the alleged
victim, did, after your examination make a statement to Gardai alleging both
virginal and anal digital penetration.
Medical Expert for
Prosecution: I did not know that
Defense Council: Furthermore,
following your invasive examination, the alleged victim made a statement to An
Garda Siochana, however, following delivery of your Medical Report to An Garda
Siochana, the Gardai asked the alleged victim to return to the Garda Station
and change her statement so that it would be more in keeping with your findings,
for example, she emphasised anal digital penetration.
Medical Expert for
Prosecution: I did not know that
Defence Council: You are aware
that the allegations in this case relate to several years before your invasive
examination of the alleged victim, would it be possible that the anal dilation
that you claim to have found related to your own digital penetration of the
alleged victim than something that was alleged after the examination to have
occurred years earlier?
NOTE: The Medical Expert in
this case, by her own admission, stated that she had not established the allegations
being made. The alleged victim may have simply been saying that her breast had
been touched, yet, the Medical Expert set about a process that can only be
described as Medical Rape. The Medical expert could offer not explanation to
The Court why she engaged in such an invasive examination of the alleged victim
in this case. An examination which was followed by allegations of anal and
digital penetration.
The Medical Expert in this
case, while having no explanation as to why she conducted such an invasive
examination of a 17-year-old female, would later publicly reveal that she is a
practising Homosexual and a campaigner for sexual freedom.
Dublin's Rotunda Hospital
Sexual Assault Treatment Unit
The figures for three of the
years of SATU's existence, from 1985 to 1987, show not only the rapid increase
in referred cases, but also the remarkable validation rate claimed by the Unit.
The Medical Council said, "It
is still noteworthy ... that during this period SATU arrived at an apparent 100
per cent validation rate. It will be noted that this process involved not just
validation but identification of the relationship of the assailant to the
victim."
Subsequent years brought a
massive increase in cases referred to SATU, and though the validation rate
dropped, the Committee believed it remained "very high". In 1987, for
example, 600 children were examined and 511 offenders were identified.
The Committee found: "It
is the view of the majority of the committee that such figures, even if they
did not purport to be entirely scientific or conclusive, should have placed Dr
Woods and the other persons involved in SATU on notice of the risks of
excessive certainty and an excessive rate of validation."
There is detail in the
Committee's findings that suggests Dr Woods made rash and potentially damaging
judgements. Her methods are detailed and held as suspect. In effect, the
Committee indicates, she did not take proper heed of the power of her position,
a role where her word on cases was considered as final by others within the
health care system.
"It is important...to recognise
that not only might there be the potential for criminal proceedings," the
Committee concluded, "but also there existed a very substantial risk that
application for a fit person order might be made by the District Court which
might have the consequences of the removal of children from the custody and
care of their parents for an indefinite or unspecified period."
Individual cases outlined in
the Committee findings make disturbing reading. One such case involving Miss A
was first brought to SATU after a worker in a residential day care centre began
to notice abnormal behavior exhibited by a mentally handicapped five-year-old
girl. The care worker "stated that there was evidence of sexualised
behavior," the Committee heard. "This included putting lollipop
sticks ... and other objects including knives up her vagina. [The worker] also
stated that there was evidence of her 'masturbating at night'."
Such behavior was, of course,
hugely inappropriate for a five-year-old, and the care worker's fears were
passed on to the relevant health board. The worker also contacted Dr Woods,
"without the involvement of the parents", and an interview was
conducted in late 1986. "It appears that anatomically correct dolls were
used and a physical examination was carried out," the Committee says.
"Dr Woods's report was issued thereafter. Although it does not positively
identify [the girl's father] as the perpetrator, it points strongly towards
him."
In a subsequent report, Dr
Woods again repeated the suggestion. "It was apparent from an examination
of Miss A that she had been sexually abused," the doctor wrote. "It
was difficult to think of any other person who could have been in contact with
her other than her father."
After the first report, a
Health Board official contacted Dr Woods and told her Miss A had "several
autistic features". The Committee reported: "He asked whether there
could be any doubt under those circumstances about the origin of her behavior
in inserting objects into her vagina, that is, having discovered it, she might
have developed a fixation."
Dr Woods said she believed her
assessment stood. The case went to the District Court, where Dr Woods
"stated that all the indicators pointed to the father as being the
perpetrator as he was the only person who could have been in regular contact
with the child". The child was kept in care until 1989, when she was
returned to her parents.
In its findings, a majority of
the Committee found Moira Woods had acted without considering the possibility
that the girl's actions were due to mental handicap rather than abuse. The
doctor had not taken into account the possibility of any perpetrator other than
the father. There was certainly opportunity for a range of abusers, as the girl
had spent a period of time in residential care. "In the view of the
majority of the Committee the failure of Dr Woods to obtain expert advice on
autism was a substantial falling below the standards that are to be expected of
a medical practitioner," the Committee found. In short, the Committee
said, Dr Woods' conclusions and accusations were "inappropriate and too
bold". In reports, she had failed to mention the possible connection
between autism and the girl's behaviour.
In a separate case, the
Committee heard evidence about Miss B, whose parents were involved in a legal
separation at the time of the abuse investigation. The girl's father had
assaulted her mother when she pregnant with a second child. The mother brought
an assault case against her husband, who was placed on probation. After the
assault but before the court hearing, Miss B's mother brought her daughter,
then aged three, to a hospital to be examined for signs of sexual abuse.
Nothing was found.
The couple separated, amid
conflicting stories of domestic violence. After one weekend when the husband
had access to Miss B, the girl's mother again brought her to hospital, saying
she suspected abuse. The mother said the girl had suffered a vaginal discharge.
She was examined by a
specialist, several weeks after the date of the alleged abuse, and again
nothing was found. Such discharge, the doctor noted, was not rare in young
girls. Dissatisfied, the mother took the recommendation of her GP and contacted
Dr Woods.
The Committee noted: "The
entire incident took place in the context of matrimonial proceedings where,
clearly, it would be prudent for a medical practitioner to proceed
carefully." Dr Woods, the Committee found, had not been careful enough.
She interviewed the girl at her home and found "that Miss B had been sexually
assaulted and that it was believed to have been done by her father," the
Committee said.
There was a clear conflict
between the diagnoses of Dr Woods and other medics who had been involved in the
case, one of whom had concluded: "On the balance of probabilities, it is
not possible to confirm that Miss B has been sexually abused."
Dr Woods, the Committee said,
made no attempt to contact the other medics. She gave evidence in court it was
her opinion Miss B had been sexually abused by her father.
Distressing detail punctuates
the Committee's findings. The use of anatomically correct dolls is again
mentioned in the case of Miss A, where one medical witness questioned Dr Woods'
interpretations of the child's response. Dr Woods had written in a report:
"Daddy lies on his back. Miss A lies on top. Daddy's penis is in contact
with the vulva/vaginal area of Miss A." The Committee found that the
medical witness disagreed with this interpretation of the dolls. Instead, the
girl was "simply engaged in a game with Dr Woods that has no meaning or
reality."
SURROUNDING the case, too, is
the wider issue of Moira Woods's role within Irish liberal history. In the
1970s and 1980s, Moira Woods was a familiar and controversial figure. She stood
at the forefront of change, allying herself to campaigns against the war in
Vietnam, against Bloody Sunday, against the destruction of Dublin by
developers. Most pertinently, she stood for a new kind of sexual
freedom.
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