A doctor accused of sexually assaulting a patient in December 2019 now claims the sexual activity was consensual, according to statements Thursday by his defense lawyer at a court hearing.
Shaun Kink, 37, is accused of sexually assaulting a patient during a visit to her home to discuss paperwork she needed for a disability claim. The woman was disabled at the time, following orthopedic surgery, according to court records.
Kink’s new assertion comes after the state disclosed that semen was detected on evidence provided to authorities by the woman shortly after the encounter with Kink. The doctor cannot be excluded as a contributor to the DNA evidence, said prosecutor Mary Koll.
“A sex act did take place, but it was consensual. This is a consent case,” defense lawyer Peter Wise told Judge Casey Costigan. The new disclosure was made by the defense in recently filed court documents, said Wise.
Wise and Koll exchanged some harsh words at Thursday’s hearing about the truthfulness of potential witnesses. The state is seeking permission to allow two other women to testify about alleged misconduct by Kink during their treatment.
Wise called the woman named in charges “an embellisher and a liar” who has offered three different versions of her story to police. The defense lawyer also quoted a nurse who helped care for the woman during a hospital stay.
The alleged victim “just said a lot of things that were just not true,” said Wise.
The defense also questioned the reliability of statements from the two other women who have complained about Kink. The statements that Kink deliberately and inappropriately touched the women during examinations are false, he said.
Koll countered that Kink previously denied any communication or contact with the alleged victim outside of appointments. His new admission “makes this new evidence even more probative,” said Koll, adding the physician “was sexually attracted” to the woman.
Costigan took the matter under advisement and set a Nov. 3 hearing to review the status of the case.
Kink, a foot and ankle specialist, previously worked at McLean County Orthopedics. His name has been removed from the practice’s list of doctors.
