Doctor Sentenced for Rape Is Ordered to Pay US$ 225,000 for Swapping Sperm in Fertility Treatment

08/22/2014 - 09h23

Doctor Roger Abdelmassih has been ordered to pay R$ 500,000 (US$ 225,000) in compensation to two siblings conceived by his clinic, for having used unknown sperm in the fertility treatment undergone by their parents.

Fugitive Former Doctor Arrested by Police in Paraguay

The judicial order, under secrecy of justice, was filed by the 20 year old siblings who found out about the fraud: tests concluded that the genes used in the fertility treatment were not compatible to their father's. Nonetheless, the genes were compatible to their mother's.

According to the judicial order they have the right to each receive R$ 250,000 (US$ 112,000) of compensation for pain and suffering. Their parents demanded R$4m (US$ 1.8 million). The doctor can appeal.

The sentence dates from June 15th, just over a month before Abdelmassih's imprisonment, last Tuesday, in Paraguay. He spent three years and seven months on the run.

In 2010 he was condemned to 278 years in prison for raping 37 women between 1995 and 2008. Accusations were revealed by Folha in 2009.

This is the first known lawsuit that has led to Abdelmassih's conviction in cases filed by former clients and relatives.

In 1994 the couple went to Abdelmassih's clinc in the city of São Paulo after a fertility treatment.

The insemination was successful and the twins were conceived that same year.

According to the couple's lawyer, Luiz Fernando Nubile Nascimento, even before the first accusations emerged that the doctor abused of patients and manipulated genes the family suspected they were being deceived.

Nascimento agreed to speak about the lawsuit to Folha as long as the names of the involved and their State of origin were not revealed.

He has said he is aware of at least four other lawsuits filed by former clients. None so far have been successful.

Between 2008 and 2009 the father grew suspicious after rumors began circulating that the doctor sexually abused of patients and carried out genetic manipulation.

After accusations started to be confirmed, the family decided to undergo paternity tests. The tests confirmed that the sibling's genetic material was incompatible with that of their father.

"Without any kind of consent or authorization, doctor Roger [Abdelmassih] used the genes of a third party, who we do not know the identity of to this day", the lawyer said.

According to Nascimento, it was the siblings' decision to take the doctor to court, they have wanted to do so from an early age.

"The emotional upheaval they have felt is incredible, after all they have had this baggage all of their lives"

Abdelmassih's lawyer, José Luis Oliveira Lima, claims he does not know of this lawsuit and that he only represents the former doctor in criminal accusations.

He affirms, however, that the doctor only carried out procedures that were authorized by patients. None of Abdelmassih's civil lawyers returned Folha's calls.

Translated by CRISTIANE COSTA LIMA

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