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Ex-radiology Tech Takes Deal In Assault Case

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A former technician at a Texas radiology clinic accepted a plea deal earlier this week to end a case in which he was accused of sexually assaulting a patient during an ultrasound exam.

Brian Riley, 40, the former technician, had faced a charge of sexual assault, a second-degree felony. He pleaded guilty on Monday to a misdemeanor charge of assault. He was sentenced to a year in jail, which was suspended for two years’ probation, and will have to pay restitution for the cost of the woman’s counseling.

Riley, who according to his attorney no longer lives in Texas, still faces a felony sexual-assault charge in connection with a similar accusation from another woman. A hearing in that case is scheduled for later this month.

The original case began when a Port Aransas woman, now 43, went to a Radiology Associates clinic in Portland, near Corpus Christi, on August 27, 2008. (Radiology Associates is a group of 15 radiologists with five clinics in the Corpus Christi area.) The woman had been referred for abdominal and transvaginal ultrasounds by her doctor. She said that after the two ultrasounds, Riley assaulted her by performing an unauthorized vaginal exam. She said she was concerned about the procedure at the time and became further suspicious when the vaginal exam didn’t show up on the billing statement.

She reported the incident to her doctor, who confirmed that no such exam had been ordered and told her to call police.

The woman and her husband filed a lawsuit against Radiology Associates in 2009. Last year, a jury in Nueces County, Texas, found that Riley had assaulted the woman and that Radiology Associates was negligent. But the jury decided that Riley hadn’t acted within the scope of his job and awarded no monetary damages. The woman and her husband are appealing that verdict.

Mary Ann Cavazos, who has been covering the case for the Corpus Christi Caller-Times, reported that the woman approved of the plea deal because, the woman said, it ensured that Riley would have a criminal record. The accuser said:

The thing was to bring the awareness that this guy was doing this.

The woman said she also wanted to push for a state law requiring that chaperones be in the same room as patients during all invasive procedures.

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