FULTON, NY – Dilip K. Roy, former Fulton doctor was sentenced today (June 27) to 28 days in Oswego County Jail to be served in intermittent 48 hour periods each week along with six years of probation.
Roy was arrested in May 2015 after a patient reported to authorities in April that she was subjected to unwanted sexual intercourse at Roy’s medical practice, FastCare Family Medical located at 941 S. First St., Fulton in March of the same year when she was being treated as a patient.
He was then indicted on two counts of rape in the third degree. The two separate charges stem from one act but were based on one count for a sexual encounter without consent and one count for a patient-doctor interaction that is prohibited by law, according to Assistant District Attorney Allison O’Neill.
The charges were lessened when Roy accepted a guilty plea to sexual misconduct, a class A misdemeanor offense, with the promise of facing up to 30 days in jail, six years of probation under the supervision of the sex offender management court, $1,300 worth of fees and the requirement to register as a sex offender.
Roy also satisfied harassment charges in Volney Town Court from a second patient who brought forth allegations of inappropriate conduct.
Before Roy learned his sentence from Oswego County Court Judge Donald Todd, the court heard an emotionally charged statement from the victim.
“When you are a doctor, you are considered a professional person that other people trust their lives with. There should never be a question of professionalism or a concern for safety or harm. That has been taken away from me and now I find it hard to trust any doctor,” she told the court.
“I was violated in the worst way possible not just once, but every time I had to speak with an investigator, testify in front of a jury and even including now while I read this statement. I will forever be haunted by the events that occurred that night,” she said.
The victim spoke through tears as she told Roy, Judge Todd and the courtroom how her life has been affected by this occurrence.
She said the emotional turmoil has affected all her relationships in life, her social life, crippled her with anxiety and fear, and has created painful flashbacks and nightmares that she can’t escape.
“In America, we have rights. That night, I had none. With pleading for you to stop, even with the words that are coming out of my mouth now, I feel that they will never truly reflect on how I feel,” she said.
Instead, the victim told Roy what she is hopeful will come from this situation.
“I will pray that you understand what you did was wrong. That you receive the proper mental health treatment and that one day you will fully accept the responsibility for your actions, understanding that when someone says no that does not give you consent to continue what it is you are doing,” she said to Roy.
As for herself, “I am no longer a victim,” she said. “I am now a survivor. The road from one to another was a very long, painful, emotional journey which has no end, only new beginnings,” but as a victim is seen as weak, powerless and fearful, she sees herself as a survivor who has grown, endures and is strong, she said.
Roy and his lawyer spoke to the victim and the court, offering apologies and acknowledgment.
Defense lawyer, Jack Conners extended apologies to the victim on his client’s behalf, saying Roy “undeniably acknowledges that engaging in sexual relations with a patient clearly constitutes as misconduct” and has fully accepted responsibility for his actions.
Conners went on to ensure the court that Roy had been receiving counseling for his anxiety and depression and after having lost his family, his license to practice medicine and his reputation, he had little left to lose.
“I am truly sorry,” Roy said to the courtroom before he heard from Judge Todd.
“I’m not sure you’ve truly acknowledged your wrong doing,” said Judge Todd, adding that even though he had hoped Roy understood, he wasn’t fully convinced.
Roy was ultimately sentenced by Judge Todd to fulfill all the stipulations set forth in the plea agreement including 28 days in Oswego County Jail to be served in intermittent 48 hour periods from Monday to Wednesday evenings as to allow Roy to care for his elderly parents throughout the rest of the week.
The probation will be based out of Onondaga County where Roy resides and will only allow Roy to enter Oswego County to care for his parents. His probation has also been modified to include the ability to attend school function’s for his children only with prior approval from school officials and his probation officer.
As Roy prepared to enter into his first 48 hour stretch of jail time commencing today (June 27) at 6 p.m., the victim was left with shock and anger as she was unprepared to hear the final sentence.
“For the past year, I’ve blocked everything out. Even with all the counseling and the therapy, I haven’t allowed myself to deal with the emotions of it. I see now, that has been a mistake. I agreed to the plea deal because my main concern was that he would have to register as a sex offender and could never practice medicine again, so he wouldn’t have another opportunity like that. But in my mind, I wasn’t thinking of how I would react to hearing the judge say that’s all he gets for what he did to me,” she told Oswego County Today.
She expressed disgust that drug dealers and burglary charges can put someone in prison for years, but “Dr. Roy committed a very personal, violating, disgusting act and walked away with that sentence, it’s disheartening,” she said.
She expressed that although the 30 day sentence was not guaranteed, she was never made aware of the possibilities of intermittent stays in jail and said that she felt objections could have been made to ask that other family members take responsibility for Roy’s parents temporarily so he could serve an uninterrupted 30-day sentence.
While she is glad the court appearances are over and she does feel “a bit of relief,” she said there is no amount of time that will get back what was taken from her and that’s what hurts the most.
“I can only imagine how many more women haven’t stepped forward, out of fear or embarrassment. I hope for those women who felt too ashamed, that I can bring them some type of relief, that justice – in some form, has been served,” she said.
But in her opinion, justice can never be served even though she brought out strength she never knew she had and pushed forward despite the many negative comments she received and the desire to back out plenty of times.
In an initial interview with another news source that resulted in people discovering her identity, the victim was then shamed, blamed and ridiculed by being told she was lying or seeking attention.
“You weren’t there, you wouldn’t know,” she would tell them.
“There was a thorough investigation, he wouldn’t have even been charged, they wouldn’t ruin a doctor’s practice and reputation for nothing,” she said. “And ultimately, he plead guilty.”
She would tell those critics that in that moment she was scared for her life, and she subconsciously chose to “freeze” as opposed to more commonly referenced “fight or flight” responses, and didn’t initially come forward for fears of rejection, no one believing her, and the embarrassment and stigma associated.
Although she found Judge Todd to be empathetic to her in her testimonies, and was more than grateful for the work of State Police Investigator, Benjamin Miller who “without him from the very beginning, (Roy) could still be practicing right now,” she is well aware this is a battle she will fight forever.
“I don’t feel our justice system has done justice. But, justice can never be served for what has been done to me. This can never be erased,” she said.