Testifying in a calm, low voice Wednesday at the Leighton Criminal Court Building, Smith, 60, said he was performing a pelvic exam on the alleged victim at Chicago’s Kennedy Medical Service Corp. in August 2002 when she grabbed his hand under the sheet and forced him into a sexual act.
Smith said no words were exchanged but that the patient was looking at him and “moaning.”
“At that point I dropped my pants” and had consensual intercourse with her, Smith told jurors in Judge Clayton Crane’s courtroom.
On cross-examination, Assistant State’s Attorney Annette Milleville ridiculed Smith’s account, asking repeatedly why he didn’t say anything or put a stop to it if the patient had initiated the contact.
“I was curious,” Smith said.
State disciplinary records show that immediately after leaving Smith’s office, the woman called her sister, who contacted a rape hot line, the Tribune reported in 2010 as part of a series on lax regulatory procedures for doctors accused of abusing patients. At a counselor’s urging, the woman underwent a rape exam at the University of Chicago Hospitals and filed a complaint with Chicago police days later.
If convicted of the felony charge, Smith faces up to 15 years in prison.