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Ernest Cruz, a 38-year-old nurse, has been sentenced to seven years in prison for the sexual assault of a woman in a private room inside Bournemouth Hospital. The incident occurred on 29 July 2023, after the victim, a woman in her thirties, was admitted to the hospital's A&E department when her drink was spiked during a night out. Cruz, a married father-of-three who had moved to the UK from the Philippines on an NHS work visa in 2021, was working as a triage nurse but was not assigned to the victim's care and had no professional reason to be in her room.
During the trial at Bournemouth Crown Court, the court heard that Cruz exploited his position to abuse the 'barely conscious' woman. CCTV footage showed him entering her private room inside the hospital 12 times over a two-hour period, noting observations on her chart under a colleague's name. The prosecution established that Cruz made sure he was alone with the victim before undressing her and carrying out what the judge described as an 'absolutely abhorrent' sexual assault, assuming she was too incapacitated to remember.
The victim, who cannot be named for legal reasons, described her state as being 'in and out of consciousness' and feeling powerless. However, despite her incapacitation, she was acutely aware of the assault. Daily Dazzling Dawn understands that she made mental notes of her attacker's appearance, focusing on details such as his ring and a tattoo, which would later prove crucial as evidence against him. She recounted her ordeal, stating, "He wasn't meant to be anywhere near that ward but took it on himself to go over there... I remember him saying 'you're wet, you need to take your jumper off'. I was drifting in and out. I think he kept coming in to see if I was awake or not. I remember him being over my body and touching me."
Cruz denied the two offences of assault by penetration and sexual assault, but was found guilty following a trial. In a victim impact statement, the woman detailed the profound and lasting trauma of the attack and the subsequent legal process, which took three years to conclude. She revealed that she has since been diagnosed with PTSD and suffers from insomnia, constantly checking doors and needing the lights on at night.
The court heard that she did not leave her house for a week following the trial due to the ordeal of reliving the events. "It's been a very hard and emotional time for me but I want to speak out about what needs to change so it cannot happen to someone else," she said. Her advocacy has led her to create a website providing a community and support network for other victims of sexual assault. "I don't think people understand enough how mentally draining the whole process can be – waiting years for a court case, having to relive everything, giving evidence and then trying to carry on afterwards."
The case has raised serious concerns about safeguarding protocols within the NHS. The victim has called for stronger rules around the use of chaperones for vulnerable patients inside hospitals, particularly during intimate care. She expressed her ongoing unease, recounting a recent hospital stay where she witnessed a male member of staff pull a curtain around another woman, hearing the patient say she was not wearing a bra. "I don't feel reassured," she added. She also noted that Bournemouth Hospital offered only a single phone call of apology and has not provided sufficient reassurance that such an incident cannot be repeated.
Bournemouth Hospital has stated that Cruz, a band 5 nurse, was suspended following his arrest and subsequently dismissed. He was also referred to the Nursing and Midwifery Council. The hospital claims it has since strengthened its chaperone policy and reviewed patient feedback during Cruz's employment, with no further concerns raised.
In his sentencing remarks, Recorder William Bebb KC told Cruz: "You made sure you were alone without any NHS staff... thinking her state was such that she would have been unconscious of what you were doing. When someone is admitted to hospital, they should be confident he or she will be looked after safely – that's the trust that exists between patient and medical carer. You broke that trust."
As well as the seven-year custodial sentence, Cruz was handed a restraining order and a sexual harm prevention order. The court noted that, as a foreign national, he will likely face deportation upon his release from prison. The victim's brave decision to speak out serves as a powerful call for institutional reform inside hospitals, ensuring that the trust placed in medical professionals is never again so grievously betrayed.
