Suspended doctor Robert Byrne gave woman drugs, engaged in sex act with her as partner slept nearby

A doctor gave a young woman drugs and engaged in sexual activity with her as his partner slept in another room, a tribunal has found.

A doctor gave a woman ten years his junior drugs – both prescription and illegal – before engaging in sexual activity with her only metres from where his partner and child slept.

Dr Robert James Byrne, 39, supplied the younger woman with cocaine, LSD, nitrous oxide and snorted crushed diazepam after inviting her to his home, a tribunal has ruled.

On an earlier occasion he had also snorted and shared cocaine with a colleague at a work Christmas party.

At the time of the allegations, in 2019, he was a general practitioner at a mental health centre and was enrolled in a psychiatrist training program.

The Medical Board of Australia referred a complaint to the South Australian Civil and Administrative Tribunal seeking to have seven allegations about Dr Byrne’s alleged conduct declared “professional misconduct”.

In a decision published this month, the tribunal made several findings of fact, including that Dr Byrne had used and supplied alcohol and a range of illicit drugs to the younger woman, as well as crushing and snorting prescription medication diazepam with the woman.

It heard Dr Byrne’s partner had been present and consumed some of the drugs before going to bed.

The tribunal found a “sexual encounter” occurred between the woman and Dr Byrne, who each provided differing accounts about what happened. It did not make a finding about who initiated the sexual activity.

“We are satisfied that in these circumstances (the woman’s) capacity to consent to sexual activity or to make any considered judgment about engaging in sexual activity was compromised or impaired,” the tribunal found.

The tribunal found the woman’s “compromised capacity to engage in consensual sexual activity was or should have been apparent to Dr Byrne”.

The tribunal found the woman’s evidence was credible and “inherently believable”. Her evidence included that she later sent a text to Dr Byrne stating she “was not okay with what happened” and “couldn’t consent and you knew better”.

The tribunal also found Dr Byrne had prescribed himself prescription medications for the management of asthma, a condition he did not have, and had prescribed medication for his partner.

“It is appropriate to characterise Dr Byrne’s conduct as a whole as constituting professional misconduct,” the tribunal found.

“At the time of the conduct Dr Byrne was a medical practitioner of seven years’ experience … and was employed as a registrar and practising as a medical practitioner.

“All the complaints established in this matter concern conduct inconsistent with a health practitioner of that level of qualification and experience.”

Dr Roberts’ registration was suspended in January 2021. According to AHPRA, he cannot currently practice in Australia.

Originally published as Suspended doctor Robert Byrne gave woman drugs, engaged in sex act with her as partner slept nearby