This story, originally published on Jan. 26, 2024, at 5:07 p.m., was updated on Jan. 31, 2024, at 11:35 a.m. to add that Malik entered an Alford plea on Monday in the second case where eight additional women came forward, eliminating the need for a trial.
Dr. Ishtiaq Ahmed Malik, 59, of Prince George’s County was convicted Friday of two counts of second-degree rape and two counts of 4th degree sex offense for the rape and sexual assaults of two patients in Silver Spring in 2022.
He faces up to 42 years in prison, Montgomery County State’s Attorney John McCarthy said.
Malik was working at Advanced Walk-in Urgent Care at 10800 Lockwood Drive #204 in Silver Spring when he saw the women who came forward in this case.
MoCo360 will not name the victims to protect their safety and privacy.
The first victim entered urgent care on Sept. 7, 2022, and was seen by Malik for a pre-clearance for an elective surgery, Assistant State’s Attorney Ashley Inderfurth said in court on Friday.
He performed breast and vaginal exams, even though they were not medically necessary, Inderfurth said, referencing the expert testimony of Dr. Alec Anders, who practices family medicine for Adventist Healthcare in Rockville. Additionally, Inderfurth argued that he performed actions that went far beyond what was needed for those exams and that it qualified as rape and sexual assault.
The victim said she knew these exams weren’t normal and in response, she froze and couldn’t speak, which is a trauma response, according to Inderfurth.
“He was raping her, and she was helpless to stop it,” Inderfurth said.
Inderfurth also said that the doctor-patient power dynamic was at play, which was a factor for both victims.
The victim also said that Malik made multiple inappropriate comments to her that were sexual in nature, Inderfurth said.
Rene Sandler, Malik’s defense attorney, said that the victim misunderstood his comments and actions, which could’ve been due to a language barrier. She said this was the case for both victims.
The prosecution then showed text messages to the jury between the victim and her sister right after seeing Malik, saying she had been raped.
Inderfurth told the jury that the victim was too upset to file the paperwork for the visit, so she went to another facility for her surgery pre-clearance, and they did not perform a pelvic exam.
The second victim went into the urgent care center on Oct. 14, 2022, and was seen by Malik for sciatic nerve pain, Inderfurth said.
Both the prosecution and defense said that no one else was in the office during her appointment, including the receptionist. Inderfurth said Malik used this to his advantage and as a sense of power over her, but Sandler said that this was because she didn’t come at her appointment time and didn’t affect anything.
Like the first victim, this woman’s exam started normal, Inderfurth said. Then, when Malik had her undress, he did not provide a gown for her to put on, despite having them in the office, Inderfurth stated.
Inderfurth said that under the guise of a vaginal exam, Malik then assaulted the victim for 10 minutes, taking actions that went far beyond what was needed medically. Sandler said that everything he did was medically sound, and even if it was longer than a typical exam, that doesn’t mean it was sexual assault.
“This is not a rape case,” Sandler said.
Inderfurth added that the victim tried to get up off the table, but Malik pushed her back down. After the exam, Malik came back into the room and groped her, Inderfurth added.
When the appointment was over, the victim said she knew something wasn’t right and told Malik she was going to call the police, but he begged her not to, Inderfurth stated.
Inderfurth told the jury that both victims said that Malik looked like he was getting sexual gratification from his actions. Sandler strongly refuted that assertion in court and said that he behaved professionally.
Malik testified earlier in the trial, and Inderfurth said that there were multiple discrepancies between his interview with police and court testimony.
Sandler approached the prosecution’s argument that the women did not consent to what Malik did to them. Sandler pushed back and said that the victims consented to everything that occurred because they consented to the medical exams Malik said needed to be performed.
In her rebuttal after the defense’s closing argument, Inderfurth refuted this. She said the women consented to medical exams, but what Malik did not even fit the criteria of an exam.
Additionally, Inderfurth said: “If he did it twice, it’s likely he intended to do it.” Charging documents state that these women did not know each other and came forward separately.
The Montgomery County State’s Attorney’s Office provided their reaction after the conviction.
“We’re very pleased with the verdict,” McCarthy said at a press conference.
He also said that this case shows doctors that if they violate the trust of their patients and commit crimes: “you will be held accountable.”
Back in February, after the news came out that Malik was charged, eight more women came forward, and these charges were put into a second case filed on May 17, according to the State’s Attorney’s Office.
On Monday when the trial was set to begin, Malik entered an Alford plea for the eight counts of fourth-degree sex offense, agreeing “that the State has the evidence to prove his guilt in a separate case,” according to the State’s Attorney’s Office.
An Alford plea is a “special type of guilty plea by which the defendant does not admit guilt but concedes that the State has sufficient evidence to convict,” and it’s “normally made to avoid the threat of greater punishment,” according to the Maryland Courts website.
Malik’s sentencing hearing will be on April 12 where the court will consider Malik’s offenses against all 10 victims, the State’s Attorney’s Office said.
These cases are not the first times Malik has come under scrutiny. In July 2013, the U.S. District Court for the District of Columbia ruled that he must pay the federal government $17 million for submitting false Medicare and Medicaid claims and double billing for nuclear stress test studies that he performed while he was a nuclear cardiologist practicing medicine in Washington, D.C.