Retired York psychiatrist William Kerr was today going on the Sex Offenders' Register after a jury decided he indecently assaulted a patient.

But the former Clifton Hospital consultant does not have a criminal conviction and will not serve any punishment - because a previous jury decided he was unfit to plead through mental impairment.

Instead, to angry exclamations from the public gallery at Leeds Crown Court, Dr Kerr, 75, of Alne, near Easingwold, was given an absolute discharge by Judge Arthur Myerson, QC.

He said: "I have little doubt there are those in this court who would feel this is not an adequate order. That is not for them to decide. It's for me."

The judge said Dr Kerr had not been convicted of a criminal offence and did not present a danger to the public, and he ruled out alternative options such as a hospital order.

However, he said that under the Sexual Offences Act 1997, the doctor, who had "taken advantage of one of his patients for his own sexual gratification", must still go on the register of sex offenders for a period of five years.

Now the Crown Prosecution Service is considering whether to take any further action against the doctor over ten allegations of indecent assault, and two of rape, on which the jury could not reach a decision.

The dramatic conclusion to the special "hearing of fact" into 19 allegations against Dr Kerr - four of rape and 15 of indecent assault on a total of 16 women patients between 1968 and 1988 - came after the jury had spent just over 17 hours considering its verdicts.

Dr Kerr had already been acquitted of two rapes and two indecent assaults last week.

He was cleared of two more indecent assaults yesterday before the jury foreman announced that it had found the 19th allegation, of indecent assault against a Ripon woman, proven.

The woman told the court last week how she had been assaulted by Dr Kerr while being treated for depression after losing her husband.

She said the consultant told her all her problems were related to her sex life. She said he performed a sex act on her and later wanted her to perform one on him.

The jury indicated yesterday it had no realistic chance of reaching a decision today on any of the remaining allegations and was discharged. The judge told members they would be excused jury service for 15 years after having to deal with such a traumatic case.

mike.laycock@ycp.co.uk