First-ever openly gay member of New York Senate claims he was molested two decades ago by doctor who ‘ground his genitals into his thigh’ during routine exam required for legislators
- Thomas Duane, 68, served in the New York Senate from 1999 to 2012 after a six-year stint on the New York City Council
- He was both the first openly gay member of the Senate and the first to openly state that he was HIV positive.
- Duane sues Dr. Nathan Mitkoff for allegedly forcibly rubbing his genitals against Duane’s thigh during a mandatory check-up
The first openly gay senator in New York history has filed a lawsuit claiming the doctor who conducts physical examinations for the Legislature sexually assaulted him during his exam.
Thomas Duane, 68, served in the New York Senate from 1999 to 2012 after a six-year stint on the New York City Council, where he represented the West Side of Manhattan in Albany.
He was both the first openly gay member of the Senate and the first to openly state that he was HIV positive.
Duane – who now acts as an activist and philanthropist on behalf of several causes – is suing Dr. Nathan Mitkoff.
He claims Mitkoff forcibly rubbed “his erect penis” against his thigh during a mandatory checkup on March 23, 2004, while Duane wore only a hospital gown.
Thomas Duane, 68, served in the New York Senate from 1999 to 2012 after a six-year stint on the New York City Council, where he represented Manhattan’s West Side in Albany
Duane – who now acts as an activist and philanthropist on behalf of several causes – is suing Dr. Nathan Mitkoff. He claims Mitkoff forcibly rubbed “his erect penis” against his thigh during a mandatory checkup on March 23, 2004, while Duane wore only a hospital gown.
The senator “initially resisted such a physical examination because he had his own physicians in New York City and did not see the need for a second set of physicians in Albany,” but Senate staff insisted he do so .
After the exam was over, Mitkoff began asking the senator about his sexual history, when the lawsuit alleges the doctor “developed an obvious erection” before he began forcing himself on Duane.
Duane claims he “in no way invited or consented to this sexual contact.”
He never saw Mitkoff again after leaving the room and he immediately told a top aide what he had done.
The lawsuit has been filed against both Mitkoff, Albany Medical Center and Albany Medical College.
He is seeking damages against Mitkoff and the hospital system that he says enabled his alleged abuser.
Duane claims the alleged abuse caused him “severe pain and emotional distress,” making “his recovery from substance abuse more difficult and his ongoing need for psychological therapy more urgent.”
“The abuse has caused (Duane) significant mental and psychological pain,” the report continues.
The senator “initially resisted such a physical examination because he had his own physicians in New York City and did not see the need for a second set of physicians in Albany,” but Senate staff insisted he do so .
After the exam was over, Mitkoff began asking the senator about his sexual history, when the lawsuit alleges the doctor “developed an obvious erection” before he began forcing himself on Duane.
Duane claims the alleged abuse caused him “severe pain and emotional distress,” making “his recovery from substance abuse more difficult and his ongoing need for psychological therapy more urgent.”
“To this day, for example, (Duane) has intrusive memories of the abuse that cause him serious emotional distress. The abuse also makes him more reluctant to seek medical help and much more anxious when he does.”
New York’s Adult Survivors Act opened a one-year window allowing historic civil sexual abuse claims to be filed outside the limits. The window closes on November 23.
“This case is an example of the great importance of the Adult Survivors Act,” said Lesley Brovner, Duane’s attorney. The everyday beast.
“The ASA has been a powerful tool in holding perpetrators of sexual abuse accountable. No one should have to endure this kind of abuse without recourse.”
“Our client is looking forward to his day in court.”
She cites not only Mitkoff’s behavior, but also “the medical system that hired and supervised him.”
It is not clear whether Mitkoff has an attorney and he has yet to be reached for comment.
“We cannot comment on pending litigation,” said Albany Med spokesman Matt Markham.