Second alleged victim comes forward in OB-GYN rape case

by: Kathryn Burcham Updated:


LINCOLNTON, N.C. - A second alleged victim has come forward in the case of a Lincolnton doctor accused of raping a patient who was under the influence of powerful drugs.

Dr. John Marshall made his first appearance Tuesday before a judge on charges of rape, conspiracy and sex offense.

Police arrested Marshall Monday at his home after an investigation that spanned nearly two decades.

Investigators said the first alleged victim, who is in her 50s, recently filed a report claiming Marshall raped her in May 1996 during an emergency visit to CMC Lincoln for a stomach illness.

The woman told police she was given drugs that left her immobilized, but conscious, and said Marshall raped her, and then another doctor, Dr. Donald Simsen, inappropriately touched her, according to investigators.

"She [the victim] doesn't want him to be able to get a hold of anybody else," said Detective Ashley Boyles.

Police said the newest allegations stem from a similar incident around the same time frame.

The second alleged victim told detectives she was undergoing a routine scheduled procedure at CMC Lincoln when she was drugged and raped by Marshall.

The second woman told police that Simsen was also present during that time, according to detectives.

Police said Tuesday they were investigating the relationship between Marshall and Simsen, who was assigned to Marshall as a chaperone but since passed away in 2008 at the age of 78.

"If it wasn't put to a stop, or reported by one or the other, then I think they were in it together," said Boyles.

Marshall was silent as he left court on Tuesday, but his attorney Blair Pettis said they will plead not guilty.

"Dr. Marshall asserts his innocence," Pettis said.

Marshall remains free on a $100,000 bond and will next appear in court on Nov. 12.

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