Marshall Hubsher
A psychiatrist from Sands Point is denying he raped a female patient at the doctor’s Flower Hill office two weeks ago.
Marshall Hubsher, 62, pleaded not guilty to third-degree rape and criminal sexual act Thursday at First District Court in Hempstead.
Hubsher “engaged in oral and vagina” sexual relations during a medical treatment session on April 3 at his Northern Boulevard office with a patient he was treating for depression, Nassau County police said. It was only her second session with the doctor.
His attorney information wasn’t immediately available for comment.
The 32-year-old patient, who was not identified because of laws against revealing the names of sex crime victims, reported the alleged rape to police six days later.
Hubsher was arrested Wednesday at his home after a “thorough investigation” into the woman’s allegations, Det. Sgt. Carlo Maltempi said during a press conference on Thursday.
Following the investigation, police charged the doctor because it’s “unlawful” for a doctor to have sex with a patient, because “under the law the [patient] is incapable of giving consent,” police said.
Under New York State penal law, a person is deemed incapable of consent when they are mentally disabled, mentally incapacitated, physically helpless, or “a client or patient and the actor is a health care provider or mental health care provider.”
State records show that Hubsher had his license suspended in 1988 after previously pleading guilty to several charges, including grand larceny and tampering with public records.
Then in 1995, a review board voted to revoke his license for continuing to practice medicine while his license was suspended, records show. His license was restored in 2006.
Police are asking anyone with information regarding the incident, or if anyone who feels like they were victims, to contact the special victims squad or crime stoppers at 1-800-244-TIPS.
