The doctor did not sexually assault patients during the examination, the judge said

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Calgary cardiologist Michael Steven Connelly has been cleared of allegations he sexually assaulted female patients during routine exams.

But the doctor did not escape criminal responsibility for his actions, four women accused him of inappropriate behavior.

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Judge Allan Fradsham charged Connelly, 67, with common assault for hugging and punching a patient in the face without her consent.

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A Calgary court judge found that while the doctor's actions in the incident were inappropriate, he could not find them sexually motivated.

“(Appellant) did not consent to being kissed and hugged by Dr. Connelly,” Fradsham said in a lengthy written decision posted online Monday.

“Although inappropriate in the context of a patient-doctor relationship, I cannot conclude that the hugs and kisses were sexual,” Fradsham said.

“It is not clear that a reasonable viewer would infer sexuality from these actions.”

Fradsham also acquitted Connelly of three other allegations of sexual assault. Two other charges were dropped earlier by the Crown.

In one case, he found Connelly's hand touching the breast of a former patient who has since died, but the Crown did not prove this without the woman's consent.

In another, the judge said he was “doubtful” but had reasonable doubt that there was non-consensual touching that violated the woman's sexual integrity, and in the latter case he could give some weight to the appellant's claim that Connelly had grabbed her breast.

Fradsham will hear a sentencing hearing on the assault charge on Thursday.

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