Litigation

SEXUAL ASSAULT CHARGES FINALLY CATCH UP TO CHICAGO DOCTOR

By Mark P. Loftus, Esq.

The May 28,2010 Chicago Tribune had a disturbing story about how authorities failed to take action years ago when charges of sexual assualt were raised against a Chicago area gynecologist. The article, written by Megan Twohey, describes how in 2002, Dr. Bruce Sylvester Smith, allegedly sexually assaulted a patient during a pelvic exam. Immediately after leaving Smith's office, the patient contacted her sister who contacted a rape hotline. The victim then had a rape exam at the University of Chicago Hospital and filed a complaint with the Chicago Police Department. The Cook County State's Attorney[at the time headed by Dick Devine] declined to press charges. No official explanation was provided for that decision at the time.

What makes the decision not to move foward particularly curious was that the authorities were apparently on notice about Dr. Smith. Another woman, Tameka Stokes, had gone to the police in 2000, claiming that she had been raped by Smith. Again, the State's Attorney did not pursue charges. Additionally at least on other woman had made similar charges against Smith but the exact date of those charges was unclear.

In late April, 2010, the Chicago Tribune ran an article describing the allegations made by Stokes and the decision not to press charges. The State's Attorney office then took another look at the 2002 attack and decided to charge Dr. Smith with sexual assault. If convicted he could face 4 to 15 years in prison. The painfully obvious question - if authorities had followed up in 2000, could the 2002 attack have been prevented?

Full post as published by Illinois Lawyer Blog on May 30, 2010 (boomark / email).