Psychiatrist pleads not guilty to rape charge

A Sands Point psychiatrist who is facing third-degree rape charges was arraigned Thursday in First District Court in Hempstead. Videojournalist: Jim Staubitser (April 19, 2012)

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A Roslyn psychiatrist has been arrested and charged with raping a depressed woman, under a law criminalizing doctor-patient sex during a treatment session.

The psychiatrist, Marshall Hubsher, pleaded not guilty Thursday and was later freed on $50,000 bail. He was charged with rape and criminal sex act, both felonies.

Police say the encounter took place between Hubsher, 62, and the patient, 32, on April 3 during their second treatment session at his Northern Boulevard office. The patient had been under his care for depression, police said.

He's charged with the provision of New York State's rape law that says a patient is incapable of giving consent to sex "during a treatment session, consultation, interview or examination." That provision would also cover statutory rape, sex with the physically or mentally disabled, and sex between guards and prisoners.

It's illegal "for a doctor to have sexual relations with a patient during a session," said Det. Sgt. Carlo Maltempi of the Nassau police, whose squad investigated the allegation.

The patient went to police April 9, and Hubsher was arrested Wednesday.

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Hubsher's wife and one of his patients attended his arraignment Thursday at First District Court in Hempstead.

Outside the courtroom, the patient, John Calabrese of Hicksville, said, "He's quiet. He lets you talk. He's not one of those people who leads you along. He always has a smile on his face."

Hubsher's attorney, Alan Nelson of Lake Success, said Hubsher has been married for 24 years and has two children, 19 and 17.

Nelson said in court his client is an "upstanding member of the community."

Hubsher, a SUNY Downstate Medical Center-trained doctor in practice for decades, had twice been charged with professional misconduct and once had his license revoked, according to public records.

Records show that in 1987 Hubsher pleaded guilty in Nassau to two felonies in connection with Medicaid fraud and illegal possession of about 2,000 methaqualone tablets. His medical license was suspended for 18 months and he was given 42 months stayed suspension and 42 months' probation in 1988.

Then, according to the records, Hubsher was charged with professional misconduct in April 1994 because he practiced while his license was suspended. It was reinstated in 2006. With John Valenti

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