– I have used this so-called cylinder-like object. It is, after all, a type of equipment that was originally used as an inhaler to breathe in medicines for respiratory problems. That’s what Arne Bye says during his testimony in court. He explains that he has used this object to more easily detect whether a woman has cervical cancer. – When the conditions were right for that, I could get a little better insight into the area where, for example, there could be scary cell changes and cancer. The cylinder-like object says the defendant has been used in connection with the examination of cervical cancer. Photo: the police The defendant shows a picture of an inhaler designed for children. Usually it is connected to a breathing mask at one end and asthma medicine at the other end. Parts of such an inhaler, the defendant says, he introduced into the vaginal opening during a gynecological examination in order to be able to better see and examine. – I’m not going to use the term genius, but I thought it was a smart idea. The defendant also went through what he believes to be relevant anatomy and disease theory. In addition, the defendant explains about the equipment he is supposed to have used during gynecological examinations. Refers to studies about the equipment he has used – After all, questions have been asked about my use of a vaginal speculum in connection with anal examinations. Bye refers to several studies which he believes show that there are good results from this use of the equipment. – It may sound painful to have a speculum in the buttocks, but in terms of examination it is brilliant. The back is a very solid structure, adds the defendant. The indictment in the case against Arne Bye: On 17 September 2024, the indictment against the former municipal superintendent was ready. The indictment deals with a total of 94 offended women. For all 94, the indictment is for violating the Penal Code 1902 § 193 and the Criminal Code 2005 § 295 for having obtained sexual relations by abusing his position as a doctor. In 87 of the cases, he is additionally prosecuted for a breach of the Penal Code 1902 § 192 first and second paragraphs and the Penal Code 2005 § 291/§ 292 for rape by having sexual relations with someone who was unable to resist this. All indictments concern documents to be carried out in connection with medical examinations in the period 2004 to 2022. With one exception, the examinations were carried out at the office where Arne Bye worked. A number of the investigations are filmed without the victim’s knowledge or consent. Bye is also said to have used an egg-shaped or light bulb-shaped object in his investigations. – I have a tendency to collect things that I imagine can be useful. Bye explains that this object is flexible and could be squeezed together, but could also become dense and hard. – I could use this to test the pelvic floor, he says. Both this object and a blank bottle the defendant explains that he used to be able to see better during examinations of the abdomen. This egg-shaped object Bye says he has used to check the pelvic floor. Photo: the police In addition, Bye is said to have used a deodorant-like object during gynecological examinations, as an alternative to other medical equipment. Arne Bye is charged with raping 87 of his patients and for abusing his position as a doctor to obtain sexual intercourse with 94 women. What is rape in this case? The former municipal superintendent is accused of raping 87 women between 2004 and 2022. In the Criminal Code, obtaining sexual intercourse with someone who is unable to resist is defined as rape. The former municipal superintendent is accused of inserting fingers and/or objects into the women’s vagina and/or anus. He is also accused of having “touched the clitoris in a masturbation-like manner”. According to the indictment, this must have happened in connection with medical examinations where the women sat in a gynaecologist’s chair. They should not have had an overview of what the doctor did and were unable to oppose the actions. Arne Bye is charged with a breach of the Penal Code 1902 § 192 first and second paragraph and the Penal Code 2005 § 291/§ 292 for rape by having sexual intercourse with someone who was unable to resist this. The defendant acknowledges three out of 87 rapes. He also admits to 35 cases of abusing his position as a doctor to obtain sexual intercourse. In the three cases in which he pleads guilty to rape, Bye is said to have introduced several types of objects into the women’s rectums without this being medically adequate. He is also said to have done this to several of the offended, but for whom the defendant does not acknowledge criminal liability. Explains why the patients had to stand on all fours In addition to explaining about the equipment he has used, the defendant also explains how the patients have stood when he has carried out a gynecological examination. Some of the offended women are said to have been examined while standing on all fours and some while lying on their stomachs, according to the indictment. This, the defendant believes, makes it easier to carry out examinations of, for example, the opening of the rectum. – Then I stand there and have a good examination position. The bowel straightens out and it is easier to access. At the same time, Bye says it can feel degrading to the patients to stand on their knees. – For the patient, kneeling is not fun, it can feel both degrading and more. There is no doubt about that. But it is important to find pathology, i.e. morbidity, and not overlook anything. Bye explains that he feels that the way the women were positioned during the investigations has been suspect. The indictment states that the women were placed on a flat examination bench in a way that meant that they did not have a good overview of the defendant’s movements. – But many of the physiological arguments that have come up with this also apply to vaginal or gynecological examinations, says Bye. – Just push or do a thorough investigation? The defendant talks about how, as a doctor, you can’t just push towards what is to be examined, but that you have to use two or three fingers to feel and find out what is potentially wrong. – Should you just push or should you do a more thorough investigation? asks the defendant during his statement. The defendant also explains why he thinks it may be relevant to carry out abdominal examinations when a patient comes to the doctor and is pale, short of breath and lethargic. – What is a common cause of this laxity, is shortness of breath and all that? Yes, it is that one is anemic. A frequent phenomenon among many women, says Bye. In addition, Bye talks about how conditions in the abdomen and rectal opening can reveal cancer and other conditions in the patient. – People came to me exclusively for abdominal examinations – Sometimes I had to sneak them in at the back so that my colleagues wouldn’t get lost in it. But I think it was fun to provide that service. That’s what Bye says during his explanation about residents in Frosta. The defendant says he went to great lengths to help those who needed it in the municipality, in the neighboring municipality and visitors. That is why news identifies the accused doctor Former municipal superintendent and GP Arne Bye (55) is accused of raping 87 women, in a criminal case that deals with 94 offended women. He pleads not guilty. This is a very serious and extensive charge. This case has had major consequences for a small local community in Trøndelag. According to the indictment, he allegedly had sexual relations with patients who were unable to resist the actions. The abuse must have occurred during medical examinations in the period 2004 to 2022. The doctor must have surreptitiously filmed patients for several thousand hours. The press must be careful with the use of names, pictures and other clear identification signs of persons mentioned in criminal matters. A legitimate need for information for society must be weighed against the burden on the mentioned doctor and his family. Arne Bye has had a position of power and a confidential role in Frosta municipality, as chief physician responsible for the health service and as GP for many of the residents. All this forms the basis for news to identify the accused doctor. The defendant says that he takes his patients seriously and that he feels that several of them have come to him specifically because of abdominal problems. – There are many who felt dismissed by other doctors, not least in relation to abdominal problems. Bye says that his impression is that people have appreciated what he has done as a doctor. – There are a number of women who have lived in different corners of the world who have come to me exclusively to have pelvic examinations done when they have been at home on holidays. Bye explains that he has mostly worked alone at Frosta and that he gave himself the training. – I will not use the term “trial and error”, but it is clear that experience is a complex term in this context. Bye’s explanation continues in court on Thursday. – Claims for the offended Coordinating legal aid attorney, Tove Røddesnes, says that the scope of the case is a burden for the offended. – The fact that the case is as extensive as it is is both demanding and a consolation for the offended. Tove Røddesnes is coordinating legal aid for the offended women. Photo: Bjarte M. Johannesen / Bjarte Johannesen The welfare lawyer says that it is also a burden that so many people are offended. From Tuesday 12 November to Friday 17 January, each of the offended women will testify in court. – We want them to be allowed to tell their story. There are many who have experienced more criminal offenses than what is stated in the indictment. Hello! Are you or someone you know affected by the Frosta case? Do you have an experience or story to tell? Or do you have input or tips on who we should talk to? Then we would very much like to hear from you! All information will be treated confidentially. Published 06.11.2024, at 13.22 Updated 06.11.2024, at 14.59
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