X-ray technician convicted of misdemeanor sexual battery
John Stephen O’Brien, 47.
Defendant faces up to one year in county jail following the conviction
– A San Luis Obispo County jury has found John Stephen O’Brien, 47, guilty of misdemeanor sexual battery for unlawfully touching an intimate part of a patient against her will for the purpose of sexual arousal, sexual gratification, and sexual abuse while working as an X-ray technician at a local medical office, District Attorney Dan Dow announced.
According to evidence presented during the seven-day trial, the victim went to the medical office for an X-ray of her back and needed assistance tying her gown. After the X-rays were completed, O’Brien offered to untie the gown. When the victim agreed, O’Brien untied the gown, touched and rubbed her back, kissed her back, pressed his erection against her back, then reached around the front of her body in an embrace and grabbed and squeezed her breasts twice.
The victim immediately reported the incident to the medical office and law enforcement the same day. During a police interview the following day, O’Brien admitted grabbing the victim’s breasts but claimed she had initiated the encounter. At trial, he again claimed her movements and body position invited the sexual touching. The jury rejected that claim and found him guilty.
Jurors also heard testimony from a prior victim who had been an X-ray patient in San Luis Obispo County in 2016. The witness testified that O’Brien engaged in similar conduct during that appointment, including unwanted touching of her intimate body parts. The court admitted the testimony under a provision of the California Evidence Code that allows certain uncharged prior conduct to be introduced for a permissible purpose when approved by a judge.
“Patients place extraordinary trust in medical professionals, and that trust is especially important when a patient is in a vulnerable position during treatment,” Dow said. “This verdict holds the defendant accountable for violating that trust and for the unlawful sexual abuse of a patient who did nothing to invite this conduct.”
O’Brien faces a maximum sentence of one year in county jail. Sentencing is scheduled for Sept. 30 in Department 6 of the San Luis Obispo County Superior Court before Judge Michael S. Frye.
The San Luis Obispo Police Department investigated the case. Deputy District Attorney Amy Fitzpatrick prosecuted the case. Victim support services were provided by Victim Advocate Tristan Milledge, and witness coordination was provided by Iris Martin.
