Crime and Courts

I-Team: Rape case against Queens doctor prompts call to lift statute of limitations

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Alleged victims of a Queens doctor accused of recording video as he raped and sexually abused unconscious women want a change in New York law, urging legislators to lift the statute of limitations on sex crimes. They say there could be women who were given anesthesia – and still have no recollection of being violated. NBC New York’s Chris Glorioso reports.

What to Know

  • Attorneys for victims of a Queens doctor accused of drugging women and video recording his own sex crimes fear there could be untold women who may lose out on the chance to hold Cheng and his employer accountable in court.
  • Prosecutors indicted the doctor on charges he video recorded the hospital room abuse of a 19-year-old patient along with the rapes or sexual abuse of at least six other women identified on other videos
  • The Office of the Queens District Attorney has said investigators still don’t know the identities of several women who appear unconscious as the doctor victimizes them on other videos.

As prosecutors continue building their case against Zhi Alan Cheng — the Queens doctor accused of drugging women and video recording his own sex crimes — attorneys for survivors fear there could be untold victims who may lose out on the chance to hold Cheng and his employer accountable in court.

Most, if not all, of the doctor’s alleged crimes took place prior to November of 2022, when New York state re-vamped its statute of limitations on sex crimes. Though several of Dr. Cheng’s accusers have already filed lawsuits under the state’s Adult Survivors Act (ASA), which temporarily lifted the prior statute of limitations, the ASA lookback window will expire in less than two months.

Nicholas Liakas, an attorney who represents several of Dr. Cheng’s accusers, says time is running out for women who may not yet know they were victimized.

“If you have one ounce of concern that something didn’t sit right with you after having an encounter with Dr. Cheng, you need to come forward because the window is closing and it’s working against the victims,” said Liakas.

“Mary,” a former patient who saw Dr. Cheng for a colonoscopy in 2021 said she fears New York Presbyterian could be purposely avoiding notification of Cheng’s patients, hoping to run out the clock.

“I think that they should actually call each patient seen by this doctor and have that conversation with them,” she said.

According to a lawsuit filed against NY Presbyterian and Dr. Cheng, “Mary” woke up from general anesthesia after the colonoscopy to find Dr. Cheng sexually abusing her in November of 2021. She says her encounter with Cheng should have never happened because about six months earlier, hospital staff had a chance to interrupt the physician’s alleged pattern of abuse, when a 19-year-old patient complained of being improperly drugged by Cheng in a hospital exam room.

The News-4 I-Team and Telemundo 47 Investiga were first to report on the 19-year-old’s medical records, which indicate hospital staff searched security video and keycard access to the patient’s room and assigned social workers to conduct a sexual assault forensic exam on the teenage patient. Despite that, Dr. Cheng was allowed to continue practicing.

Two years later, prosecutors indicted Cheng on charges that he video recorded the hospital room abuse of that 19-year-old patient along with the rapes or sexual abuse of at least six other women identified on other videos. But the Office of the Queens District Attorney has said investigators still don’t know the identities of several women who appear unconscious as the doctor victimizes them on other videos.

Jeffrey Lichtman, Cheng’s defense attorney declined to discuss the specifics of any allegation, but stressed his client has pleaded not guilty to all charges.

"We’re taking these allegations very seriously and we’re working through the discovery provided by the prosecutors," Lichtman said. "It is still premature for us to comment."

More alleged victims of a Queens doctor accused of unspeakable sex crimes are coming forward. Chris Glorioso reports.

Sen. Brad Hoylman-Sigal (D-Chelsea), one of the original sponsors of the Adult Survivors Act, said the troubling allegations against Dr. Cheng, and the suggestion that some women may still be unaware they were raped or sexually abused, is one reason lawmakers should consider extending the ASA lookback window or permanently lifting the prior statute of limitations.

“I think this is very strong evidence that we should extend the statute of limitations,” Hoylman-Sigal said. “These survivors are owed a chance at justice and we can do that through extending the Adult Survivor’s Act.”

Representatives for New York Presbyterian declined to comment on the idea of lifting the statute of limitations on sex crimes. The hospital has also declined to say whether there have been any efforts to contact Dr. Cheng’s former patients to notify them he’s been arrested. Instead, a spokesperson has repeatedly pointed the I-Team and Telemundo 47 Investiga to the hospital’s original statement regarding its handling of the 19-year-old patient’s complaint:

“As caregivers, we are responsible for the safety and wellbeing of our patients. It is a sacred trust. The crimes committed by this individual are heinous, despicable, and a fundamental betrayal of our mission and our patients’ trust. We are appalled and deeply saddened by what these victims and their families have endured. In December 2022, as soon as the District Attorney made us aware of allegations of sexual abuse against this individual, he was immediately placed off duty, banned from hospital property, and terminated. We have been fully cooperating with the Queens District Attorney’s office, the NYPD, and the NYS Department of Health. We have numerous stringent patient safety policies and protocols in place. Our exhaustive review of this matter included an analysis of compliance with those policies, as well as the immediate implementation of additional training for all employees. At the same time, we have been examining the full breadth of our protections to identify any opportunities for further strengthening, in line with our unwavering commitment to the highest standard of patient safety and care."

Former patients of Dr. Cheng aren’t the only ones accusing the hospital of negligence. Speaking out for the first time, a woman who met the doctor socially  – outside the hospital – says she still intends to sue New York Presbyterian for failing to detect Cheng’s improper use of anesthetics. While inside the gastroenterologist’s apartment, she says she saw medical grade sedatives in his refrigerator. Now she believes he used those drugs to render her unconscious and violate her.

“Had they done an investigation, I think I would have been protected along with many other victims,” she said.

Copyright The Associated Press
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