Jury Convicts X-Ray Technician of Sexual Battery for Unwanted Touching of Patient

Author: District Attorney
Date: 7/29/2026 3:07 PM

District Attorney Dan Dow announced today the jury conviction of John Stephen O'Brien, a local X-ray technician who was found guilty of misdemeanor sexual battery against a patient at a medical office on or about May 15, 2024.

District Attorney Dan Dow announced today that a San Luis Obispo County jury has found John Stephen O'Brien (03/23/1979) guilty of misdemeanor sexual battery and for willfully and unlawfully touching an intimate part of a patient against her will for the purpose of sexual arousal, sexual gratification, and sexual abuse while he was working as an X-ray technician at a local medical office.

According to the evidence presented during the 7-day trial, the victim went in for an X-ray of her back and needed assistance tying her gown. After the X-rays were completed, O'Brien offered to untie the gown. When the victim agreed, O'Brien untied the gown, touched and rubbed her back, kissed her back, pressed his erection against her back, and then reached around the front of her body in an embrace and grabbed and squeezed her breasts twice.

The victim immediately reported the incident to the medical office and law enforcement that same day. When interviewed by police the following day, O'Brien admitted that he grabbed the victim's breasts but claimed she had come on to him. At trial, he again claimed that her movements and body position were an invitation for the sexual touching. The jury rejected that claim and found him guilty.

The jury also heard from a prior victim who had been a patient obtaining an X-ray in 2016 within San Luis Obispo County. This female victim testified to very similar conduct by the defendant on that occasion that included unwanted touching of her private body parts. This evidence was allowed under a provision of the Evidence Code that allows for certain uncharged prior conduct to be admitted as evidence when a judge rules that it is permissible for a particular purpose.

"Patients place extraordinary trust in medical professionals, and that trust is especially important when a patient is in a vulnerable position during treatment," District Attorney Dan Dow said. "This verdict holds the defendant accountable for violating that trust and for the unlawful sexual abuse of a patient who did nothing to invite this conduct."

O'Brien faces a maximum sentence of one year in county jail. Sentencing is scheduled for September 30, 2026, in Department 6 of the San Luis Obispo County Superior Court, the Honorable Michael S. Frye presiding.

The case was investigated by San Luis Obispo Police Department and prosecuted by Deputy District Attorney Amy Fitzpatrick. Victim support services were provided by Victim Advocate Tristan Milledge, and witness coordination was provided by Iris Martin.

Here is a copy of the charging document.

Members of the media may contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 for additional information.
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