ELKHART — Charges have been filed against an Elkhart physician accused by two women of groping them during an exam.
A warrant issued Thursday charges Darryl Henry, 51, with two counts of sexual battery compelled by force or threat. The Level 6 felony is punishable by up to 21/2 years in prison.
The warrant was issued following an investigation into claims that two women made in May to two different police departments.
According to court documents:
The first woman told Elkhart police that she went to the clinic where Henry works in order to get a physical exam for her job. She said during the exam, he groped her breast with his bare hand, saying he was checking her heartbeat.
She asked why he was groping her breast bare-handed instead of using a stethoscope, and told him she wasn’t at the gynecologist and wasn’t receiving a mammogram. He allegedly responded, “I can be your gynecologist if you want me to be.”
She said he then grabbed her around her inner thighs, saying he needed to check her inner thigh muscles, and also grabbed her around the hips several times while standing behind her. He allegedly thrust his hips into her buttocks several times.
She said she told him to get away and tried to pull away from him, but he pulled him back toward her.
The woman told police that she started recording the exam by placing her cell phone on top of her purse when Henry had stepped out of the room. The video shows him press his buttocks into her hips, lean his back into her and ask, “What else do you want to look at?”
The woman can be seen leaning away from him, craning her head backward to avoid contact with him.
Police obtained a copy of the paperwork that the woman received from the doctor’s office, showing Henry’s name and signature. They also obtained photos of him, including a past jail booking photo, to confirm that he was the man seen in the video.
Court records show that Henry was charged with a number of felonies in Allen County in 2013, including battery with a deadly weapon, a Class C felony. His seven charges also included two counts of strangulation and one of criminal confinement, all Class D felonies.
He pleaded guilty to criminal confinement and a misdemeanor count of battery resulting in injury. He was sentenced to four years in prison, all suspended and on probation, except for time he was credited for days he already spent in jail awaiting trial.
He was also ordered to pay the victim over $30,000 in restitution and to attend counseling. A judge later lowered the amount to about $20,000.
A week later in May, a woman contacted Middlebury police to report that she had gone to the same doctor’s office for a pre-employment physical exam. Officers interviewed her at Goshen Hospital, where she was examined by staff following the exam at the clinic.
She said the exam at the same clinic in Elkhart started normally, but after Henry learned that she recently had a cosmetic procedure performed on her buttocks and waist, he asked her to remove her shirt. She complied and he allegedly began to feel her waist and said, “they did a good job.”
She said he removed more of her clothing and touched her. Henry then sat on the exam table and pulled her closer to himself while rubbing her.
She was eventually allowed to leave, but said Henry first insisted on getting her phone number.
A Middlebury police officer went to the clinic and spoke with Henry. He stated that he did examine the second woman but denied any inappropriate contact.
State records show a number of actions against Henry by state licensing boards in recent years.
In April 2015, the Medical Licensing board of Indiana placed him on probation, citing his conviction in Allen County. It was lifted later that year after he completed requirements including anger management.
The same year, the Illinois Department of Financial and Professional Regulation placed him in refuse to renew status due to the sister-state discipline in Indiana.
In 2018, Illinois permanently revoked his physician and surgeon license and his controlled substance license because he was convicted of a forcible felony.