Heavily sedated hospital patient in Florida videos himself being sexually assaulted by male nurse

This is the shocking moment a patient recorded himself allegedly being sexually assaulted by a male nurse as he lay in a hospital bed in Florida.

The 38-year-old man, who does not wish to be identified, was taken to Palm Springs Hospital in Hiaeleah, Miami-Dade County, on September 15 after suffering from severe back pain. But as he lay heavily sedated on a bed, he was allegedly molested twice by ER technician Rene Martinez. The second time, he had his cell phone video running, propped up on his shoulder.

Footage, obtained by Local10, appears to show 51-year-old Martinez entering the room, before sliding his hand into his patient's boxers and fondling his genitalia. He then leaves the room.

'I was like, "What's going on?" and he was like, "I was just checking to make sure you're OK." That's when I say, "OK this guy is up to something", said the patient, referring to the first alleged assault. 'He [then] came back, put his hand in my boxers, pulled out my private parts and started playing with it, and I was rolling on him doing it the second time.'

The victim, who did not call for help at the time because he was 'too scared' and 'drowsy' from painkillers, added: 'It has caused me a lot of damage. I haven't been the same since it happened.'

The next day, the patient, cited in legal documents as 'John Doe', complained to the hospital. But he waited two weeks to go to the police, having been traumatized by sex abuse as a child.

Following his complaint, Martinez was arrested and charged with two counts each of simple battery and an unnatural lascivious act. He denies all charges. On Monday, the patient's attorney, Jeffrey Herman, filed a multimillion-dollar lawsuit against the South Florida-based hospital, alleging that his client was not protected from sexual assault.

In the lawsuit, Mr Herman claims the patient was told by Martinez that he could 'make good money' by showing his private parts at a hotel the nurse's friend owned. 'I could make a hundred dollars or more showing my private part,' the patient wrote in the report. 'He kept coming into the room trying to convince me.' Mr Herman added: 'My client was unable to defend himself, but he was able to get his phone out, so when it happened again, my client was able to get a video recording.'

According to the report, Martinez's phone's browser history showed visits to explicit male websites.

Speaking to CBS4, Martinez's lawyer, Sabino Jauregui, said he will fight the charges and accused the alleged victim of being a 'convicted felon with a long history'. Pam Springs's CEO, Vilma Gliberman, said the hospital would not comment on the allegations. It is unknown whether Martinez is still employed there, according to CBS4 News. The nurse is due to appear in court in January. If convicted, he could face up to one year in prison.

See CBS video coverage here.