A psychiatrist at South London and Maudsley NHS Foundation Trust who sexually harassed junior colleagues will not be banned from the profession. 

Dr Fidel Gallo Benitez, an experienced consultant psychiatrist who worked at various hospitals including in Lewisham and Bromley, has been suspended for four months by a disciplinary tribunal. 

During the tribunal hearing evidence emerged that Dr Benitez had sexually harassed or touched four junior colleagues between 2014 and 2018. 

Dr Benitez admitted the allegations but blamed alcohol and stated that when he was younger it was acceptable to pay women compliments and that he believes the difference in attitudes is a “generational issue”. 

He was also convicted of a drink driving offence which took place in Lewisham Hospital car park in 2019, the tribunal heard. 

Four complaints of sexual harassment 

At a Christmas outing in 2014 he asked a junior colleague if he could pinch her bum, then between 2015 and 2018 he repeatedly sent her inappropriate sexual messages. 

Dr Benitez claimed the messages were just ‘flirty’ but they included images of naked or partially clothed women. He also asked her “why are you so nasty to me?! It must be your period”.   

The colleague, named only as Ms A, described Dr Benitez as predatory and made it clear she was not interested in him. 

She texted him: “I know you’re newly single and looking to enjoy your to enjoy your freedom but just to be clear: I am not available for sex. Don’t send me any more sexy lady pictures and no to lunch until this is less awkward.” 

In other messages she told him “you have crossed the line again”, “switching off so don’t bring sex into it again”, “WTF no more messages” and “I’m blocking this number”. 

Despite these messages Dr Benitez continued to send inappropriate messages. 

Tribunal chair said: “Ms A had clearly set out the boundaries of the friendship on multiple occasions and there was no room for misinterpretation or confusion due to cultural differences.” 

Dr Benitez also admitted that in 2016 he was inappropriate towards two other junior colleagues – named as Ms B and Mr C. 

He put his arm around Ms B and kissed her on the cheek while patting Mr C on the groin, the tribunal heard. 

When Ms B stated that this was assault Dr Benitez threatened that their careers would be damaged. She reported it to police the same day. 

At the tribunal hearing Dr Benitez apologised for this behaviour and stated that when he threatened their careers this was in the heat of the moment. 

READ MORE:

A fourth junior colleague, named as Ms D, said that after a Christmas party in 2016 she shared a taxi with Dr Benitez. 

He started to massage her shoulders without asking, asked her to come into his house despite her being engaged, and told her not to get married and to “sleep around” while she’s young. 

Then at a work social event in August 2017 Dr Benitez told Ms D to “slap her arse” when she bent down to pick something up. 

'Generational differences'

Dr Benitez stated that when he was drinking he would not be aware of how his “flirting” might be perceived as intimidating. 

He further stated that when he was younger it was acceptable to pay women compliments and that he believes the difference in attitudes is a generational issue. 

He said he had been abstinent from alcohol for two years now and is divorced, single and “focusing on himself”. 

Thomas Moran, giving the case against Dr Benitez, said that his behaviour could not be attributed to alcohol alone and his misconduct goes beyond paying innocent compliments to women. 

Tribunal chair Gillian Temple-Bone said: “The misconduct involved four colleagues on at least three occasions. There was a power imbalance present between Dr Gallo Benitez and Ms A, Ms B, Mr C, and Ms D. The Tribunal has found that these incidents were sexual motivated, and all occurred within Dr Gallo Benitez’s personal life, although they did involve colleagues.” 

Drink driving 

The tribunal heard that the drink driving conviction related to an incident on June 15, 2019, in Lewisham Hospital car park.  

Dr Benitez said he was very tired and had drunk several pints of beer when he got in his car to have a nap before going home.  

He stated that he had no intention to drive the car but he pleaded guilty to being charge of a vehicle whilst unfit to drive through drink and failing to provide a breath specimen for analysis. 

He was fined £923 and was given 10 points on his licence. 

The Medical Practitioners Tribunal Service (MPTS) decided Dr Benitez should be suspended for four months.