78-year-old doctor jailed for 15 months for multiple sexual assaults over two decades

A 78-year-old family doctor has been sentenced to 15 months in jail for six counts of sexual assault involving five women—some of whom were his patients—over two decades. Dr. Charles George Duncan, who practised in the town of Pelham in Ontario’s Niagara region, shook his head in disbelief as the judge handed down the sentence. He was taken in custody immediately after the sentencing hearing. In addition to jail time, he will be under probation for three years, with terms that include no contact with the five victims whose cases were prosecuted—there were other reported cases that did not proceed to trial—as well as mandated counselling. Dr. Duncan was also ordered to submit a DNA sample and will be registered as a sex offender. “This was not an isolated lapse of judgement,” the judge said after delivering her sentence. “Only a real jail sentence will send the appropriate message.” Read: Neurologist facing court proceedings in cases alleging sexual assaults against multiple patients Many in the tight-knit community Dr. Duncan served expected him to be placed under house arrest, according to the Voice of Pelham and Central Niagara, which published the first account from one of Dr. Duncan’s victims in a 2019 story that led to other women coming forward and, eventually, to police laying charges. During the trial, about 50 former patients, staff, medical colleagues and family members sent in letters of support for Dr. Duncan, who had no prior criminal or disciplinary history. His defence lawyer had pushed for a conditional sentence order and 18 months of non-custodial house arrest. As mitigating factors, he cited the physician’s advanced age and poor health—Dr. Duncan turns 79 in July and has been diagnosed with leukemia and prostate cancer—as well as continued support from his family and the community. The lawyer also argued that Dr. Duncan’s actions—which involved mainly inappropriate touching, in many cases of the women’s breasts—were on the “lower end of the spectrum” of sexual assault. Read: Trust me, I'm a doctor However, the Crown attorney insisted that incarceration of two to four years would be a more “proportional to the gravity of the offence,” noting that Dr. Duncan’s crimes represented a significant breach of trust and involved multiple victims over two decades. In the impact statements, Dr. Duncan’s victims recounted how his actions left them feeling ashamed, embarrassed, anxious and depressed. Some said their relationships have suffered as a result of the sexual assault, and that they find it hard to trust others and receive affection. “Charles Duncan took advantage of his patients’ vulnerability,” the judge said. “The power imbalance weighed heavily in his favour, and he used it to the detriment of his victims.” She also noted his apparent lack of remorse. “He never gained insight into the harm he had caused,” said Calderwood. “Damage was caused the moment the victim’s trust was breached.” Dr. Duncan retired from practice in October 2019, after the College of Physicians and Surgeons launched an investigation into his conduct. Read: Cardiologist who raped junior colleague in 'horrific' assault stripped of licence, hit with $124K in hearing costs

78-year-old doctor jailed for 15 months for multiple sexual assaults over two decades

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