An appeal by Dr. Guy Rofe, a gynecologist and obstetrician accused of sexually assaulting a patient, was rejected by the Jerusalem District Court sitting as a criminal appeals court on Sunday, and it upheld the Health Ministry’s decision to entirely suspend the doctor’s medical license until further notice.
The verdict adopts the Health Ministry’s position, leaving in place its decision to bar the physician from practicing medicine in any capacity.
Rofe is facing criminal charges that were initially filed in the Haifa District Court, including rape by deception and indecent acts by deception against a compulsory-service soldier who came to him for treatment. According to the indictment, the physician allegedly exploited the patient’s trust and performed sexual acts under the guise of a medical examination.
A special advisory committee had recommended at the time that restrictions be imposed rather than enacting a full suspension.
Such restrictions would have barred Rofe from having any physical or telecommunications contact with patients, but would have permitted him to continue practicing medicine with limitations, such as writing medical opinions, consulting, or academic work.
Mendelovich chooses not to adopt committee’s recommendation
Dr. Sefi Mendelovich, the Health Ministry’s deputy director-general, chose not to adopt the committee’s recommendation, instead ordering a complete suspension of Rofe’s license.
That decision followed a previous six-month temporary suspension, which, according to the ministry, Rofe repeatedly violated by continuing to advertise himself online as a gynecologist and inviting patients to schedule appointments, despite explicit warnings.
In its decision, the court found that the deputy director-general took into account the principles of the presumption of innocence, freedom of occupation, as well as Rofe’s personal circumstances, but – correctly – prioritized public safety and the integrity of the medical profession.
“The severity of the offenses attributed – offenses closely tied to his conduct as a physician – and the serious harm to public trust in the medical system clearly tilt the balance toward the public interest aspect,” the verdict read.
It added that Rofe’s continued online activity, presenting himself as a licensed gynecologist, even after the first suspension was in place, significantly reinforced the need for a full suspension.
The court also noted that the criminal case against Rofe is ongoing, and that since the Health Ministry’s decision, an additional disciplinary complaint has been filed by another complainant not included in the criminal indictment. The special committee will revisit the matter once all updated materials are before it.
Rofe’s attorneys argued that a full suspension would inflict irreversible harm on his career, especially given the years-long duration expected for the criminal proceedings to conclude, and that the ministry had ignored his personal circumstances, including emotional distress, divorce, and lack of prior disciplinary or criminal history.
He also disputed the Health Ministry’s claim that he unlawfully continued to advertise himself, asserting that referring to himself as a doctor is a legal question, not a disciplinary violation.
The court rejected these arguments, finding no legal or procedural flaw in the Health Ministry’s decision and emphasizing that alternative, limited restrictions could not sufficiently protect the public in light of the allegations and the violations of previous conditions.