A MALE nurse who had sex with a teenage girl patient in hospital has been cleared of raping her.
Fillipino-born Oliver Balicao broke down in tears in the dock as the jury of seven men and five women returned their verdict after more than seven hours of deliberation.
The 34-year-old married father-of-two had previously admitted one count of sexual activity with a child by a person in a position of trust, but said the sex was consensual.
Balicao was immediately suspended from the John Radcliffe Hospital, Oxford, after the incident on March 12 this year.
Despite the rape acquittal at Oxford Crown Court, he faces jail for the breach of trust in sleeping with a patient, a depressed 16-year-old girl, who had been admitted after taking an overdose of paracetamol.
The defendant looked to the heavens and began to sob uncontrollably in relief when the jurors returned with their verdict.
Flanked by two dock guards, Balicao stood with his hands clenched in prayer as the four-day trial came to a close.
However, Judge Anthony King adjourned sentencing for five weeks but warned Balicao: "This matter clearly passes the custody threshold."
During the trial, the court heard that Balicao had had sex with the teenager in a disabled toilet during the middle of the night.
The girl, who cannot be named for legal reasons, had been taken into the John Radcliffe Hospital, in Oxford on the evening of March 11 after she took and overdose of paracetamol at home.
She had become depressed because she was being bullied at school and was kept in overnight while doctors observed her physical and psychological condition.
She claimed that the defendant first groped her while she was feeling drowsy in her bed.
She then went on to tell the jury that he raped her in the lavatory after he had led her there on the pretext of taking a urine sample.
The jury at Oxford Crown Court heard that he took her back to the ward and she lay in bed feeling frightened and lonely until her mum returned the next day.
Married father-of-two Balicao, however, said the only physical contact he had with the girl in the ward was when he removed ECG electrodes from her chest.
He admitted on day one of the trial that he had sexual intercourse with the girl but that she consented.
The Filipino-born nurse said he took the youngster to use the toilet in the early hours of March 12 and that she instigated their sexual encounter by hugging and kissing him.
He told the jury he was ashamed of his actions and that he had let the girl and her family, his family and his profession down by his error of judgement in accepting to have sex with her.
Balicao's wife, with whom he lives in Lerwick Croft, Bicester, did not accompany him at the proceedings but was standing by him.
He was freed on bail to return to the same court for sentencing in the new year.
The defendant, who has been a British citizen since 2006, was also placed on the Sex Offenders' Register.
Dark-haired Balicao looked sheepish as he was led from the court by one of the members of his legal team.
Asked by a reporter: "Are you ashamed?"
Balicao replied: "Yes. I've said it before."
Speaking after the verdict was delivered, Elaine Strachan-Hall, director of nursing and clinical leadership at Oxford Radcliffe Hospitals said: "Nurses hold a position of trust with patients. This was a clear breach of that trust.
"As soon as we were informed about the incident, we called the police, initiated our own investigation and immediately suspended the member of staff.
"We co-operated with the police throughout their investigation, and now that the trial is over, we will carry out our own internal disciplinary proceedings.
"Our hospitals have an international reputation for high quality clinical care and we expect the highest standard of behaviour from our nurses.
"We offer our profound apologies for the actions of this individual. His behaviour was unacceptable for any nurse in any circumstances."
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