This section contains the nature of the case and procedural background.

The complainant had been a patient of D, a seventy-three-year-old gynecologist, for about thirty years. She testified that, following a post-examination consultation D hugged and kissed her as usual, but then took her hand and placed it on his crotch, over his clothes and lab coat. She realized that D was aroused and quickly removed her hand. Complainant was fully dressed at the time of the incident. She was the only witness to testify. P argued that this behavior constitutes fourth-degree criminal sexual conduct and that the district court abused its discretion in refusing to bind D over for trial.

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