'No consent': tribunal finds GP performed unwanted vaginal examination

Dr Sofoklis Lahanis had his medical registration suspended in March 2021 after the Australian Health Practitioner Regulation Agency (AHPRA) received "grave allegations" that suggested he posed a "serious risk to existing and potential patients".

According to the allegations Dr Lahanis inserted his fingers into a patient's vagina without her consent while calling her "very beautiful" and leaning in close to her face saying "can I?".

AHPRA referred the case to the Victorian Civil and Administrative Tribunal (VCAT) to investigate and decide whether to permanently revoke the GP's licence.

In May 2021 VCAT temporarily lifted Dr Lahanis' suspension, subject to conditions, while he fought the decision.

But in April 2022 the tribunal rejected Dr Lahanis' challenge, barring him from practising while it deliberated a definitive ruling.

Then on May 24, 2024, the tribunal made several findings of fact, declaring Dr Lahanis had performed a manual vaginal examination without warning, without consent from the patient, and without any clinical reason to do it.

A further hearing will be held to decide how to characterise his actions and what they mean for his medical career.

The patient had come to Dr Lahanis' clinic to have the contraceptive implant in her arm changed.

He told the patient the implant couldn't be changed on that day, but offered her a pap smear.

The patient agreed and Dr Lahanis performed the examination, but he then inserted his fingers into her vagina. The patient's three-year-old daughter was also in the room.

Dr Lahanis has consistently said he never intended to act improperly.

He said cultural and language barriers created confusion and misunderstanding.

But in her witness statement the patient was clear about the incident.

"He didn't ask for my permission before putting his fingers in my vagina," she said.

"Then, while he still had his fingers inside my vagina, he moved around to the side of the bed and his groin was near my thigh.

"At about the same time he said 'You're very beautiful' and then he bent down and put his face near to my face. It was about a hand width away...

"As he did this, he said 'can I....?', but I quickly interrupted him and put my hand up to cover my face and said no and sat up. Dr Lahanis stopped what he was doing, left immediately and went back to his desk."

Dr Lahanis said he had told the patient's daughter she was beautiful several times but had not said those words to the patient. He said the patient's difficulty with English led to a misunderstanding.

The tribunal said it could not "reach the necessary comfortable level of satisfaction... that Dr Lahanis said to the patient that she was very beautiful while having his fingers in her vagina".

Dr Lahanis was officially reprimanded and suspended for 13 weeks in 2006 for sexually inappropriate behaviour with an 18-year-old patient.

He had known the patient for five years and helped her with serious mental health problems. But during a consultation in 2004 he had hugged the patient inappropriately and kissed her on the lips.

In a subsequent consultation in 2005 he had again hugged the patient inappropriately, kissed her on the lips with an open mouth, asked her 'Can I kiss you properly?', rubbed and stroked her upper thigh and told her she was a 'very sexy girl'.

In the 2006 reprimand, Dr Lahanis was admonished 'for taking advantage of a vulnerable young patient who was in his care and violating her trust'.

AHPRA wanted these transgressions included as tendency evidence in the current case, but the tribunal ruled there were not enough similarities between the two cases.

While the tribunal in the current case dismissed the 2006 evidence and the allegation Dr Lahanis told the patient she was beautiful while his fingers were in her vagina, its factual findings were still serious.

Not only did the tribunal find Dr Lahanis had performed the manual examination without consent and without any justification, but it also found he failed to offer the patient a chaperone to ensure her safety and that he didn't record the incident in his notes.

The case is due for an administrative mention on June 13 to set a date for a further hearing where the tribunal will rule on the character of Dr Lahanis' conduct and decide on a penalty.