A former Penn professor convicted of sexual assault in 2004 left for Milan, Italy, on Saturday despite having been sentenced to up to 23 months of house arrest less than a year ago.
Tracy McIntosh -- a researcher and professor in the Neurosurgery Department of the Penn School of Medicine for over 10 years -- pleaded no contest in December 2004 to assaulting a 23-year-old woman in his campus office in 2002.
Although Penn has had no contact with McIntosh since he resigned at the University's request in December 2004, the University's general counsel, Wendy White, said that being released from house arrest is common with these types of cases.
"His defense lawyer filed a motion to allow him to go to Italy ... and the prosecutor did not oppose it, so it was granted," White said.
However, according to a report released yesterday by The Philadelphia Inquirer, prosecutors weren't notified of either McIntosh's November request to work abroad or Judge Rayford Means' consent, which was given Jan. 10.
While his conviction and resignation from Penn were devastating blows to his career, McIntosh's upcoming work in Italy could be a stepping stone toward salvaging it.
"He may well be able to re-enter the research world after a time," said Penn professor and Neurosurgery Division Chief at the Children's Hospital of Philadelphia Leslie Sutton.
Means sentenced McIntosh to 11 and a half to 23 months of house arrest. McIntosh was also fined $20,000 and ordered to pay the same amount for his victim's psychological treatment.
Means rejected an appeal to send McIntosh to prison, citing in part his research to aid head-trauma victims.
This punishment, handed down last March, came as a surprise to many, including District Attorney Lynn Abraham.
"Nobody is 'too important' for prison. This is a crime that clearly deserves prison time," Abraham said in a statement after the sentencing.
The victim, who graduated from Brown University in 2002, planned to attend the School of Veterinary Medicine as a member of the Class of 2007. She was also the niece of one of McIntosh's close friends.
McIntosh's invitation to discuss a part-time job offer with the victim turned into a night of bar-hopping that included the use of marijuana.
Prosecutors originally contended that McIntosh had used sodium pentobarbital -- a substance used to anesthetize and kill lab animals -- to drug the victim, but these charges were never substantiated.
After stops at a number of restaurants near campus, including the White Dog Cafe and the New Deck Tavern, the victim vomited publically.
McIntosh then took her back to his office in Hayden Hall, where he sexually assaulted her.
McIntosh allegedly had a history of inappropriate behavior before the incident.
The victim is suing both McIntosh and the University, alleging that Penn conspired to cover up rumors of sexual misconduct on McIntosh's part.
The suit is projected to go trial in September.
