Doctor not struck off by panel over 'one-off' rape

Dr Aloaye Foy-Yamah was accused of raping the woman at his home which he denies

A doctor found by a tribunal to have raped a young woman at his home avoided being struck off over what the panel described as a "one-off" attack.

Dr Aloaye Foy-Yamah, then a consultant at Blackpool Victoria Hospital, instead had his medical licence suspended for 12 months for attacking the woman.

Police investigated but did not charge Dr Foy-Yamah, but the Medical Tribunal Practitioners Service (MPTS) concluded on the balance of probabilities that he had raped the woman - which he denies.

The panel, which emphasised the incident had not taken place at work, has been accused of "victim-blaming" and failing to properly assess Dr Foy-Yamah's risk given that it found he had raped someone.

Campaign group Surviving in Scrubs, founded by two doctors who aim to highlight sexism, sexual harassment and sexual violence in the healthcare workforce, told the BBC it was "appalled" by the ruling.

"This belittles the traumatic experiences of survivors of sexual assault and undermines public trust in the profession," co-founder Dr Becky Cox said.

"It sets a standard that perpetrators of sexual violence face minimal consequences for their actions."

Blackpool Victoria Hospital said Dr Aloahye Foy-Yamah is no longer employed there

The General Medical Council (GMC), which regulates the register of doctors licensed to practice in the UK, had asked an independent panel run by the Medical Practitioners Tribunal Service (MPTS) to permanently erase Dr Foy-Yamah's licence.

However the panel stopped short, stating that Dr Foy-Yamah had not "abused his position of trust as a doctor" because the victim was not a patient, and noted a series of glowing testimonials from colleagues.

The legally qualified chair of the panel, Angus Macpherson, wrote: "The Tribunal considered that this was a one-off event in Dr Foy-Yamah's personal life.

"It did not involve patient safety concerns. The Tribunal has found it will not be repeated."

The GMC has appealed the tribunal's decision to the High Court and said it was "deeply uncomfortable with the victim-blaming narrative from the tribunal and considered the determination lacked a proper assessment of the seriousness of the misconduct".

Dr Foy-Yamah, who maintains his innocence, has also appealed the tribunal's decision.

The tribunal had heard that Dr Foy-Yamah and the victim were friends.

It heard that she was lying on a sofa when the doctor began making sexual advances towards her.

The tribunal heard that she later told police: "He then goes to kiss me, I start moving my head from side to side, I cannot speak as every time I open my mouth he tries to put his tongue in my mouth.

"I am pushing on his shoulders trying to get him off. He then grabs my arms and pins them to the sofa."

The tribunal heard the woman had said Dr Foy-Yamah then raped her.

A spokesperson for the MPTS said it did not comment on individual tribunal decisions but confirmed both the GMC and Dr Foy-Yamah had appealed to the High Court.

The GMC said no date had been listed for an appeal hearing yet.

The NHS trust running Blackpool Victoria Hospital confirmed he no longer works there.