Facing trial in sexual assault case, Arkansas doctor gets license back

Can’t act without witnesses in sex assaults, board says

Special to the Arkansas Democrat Gazette - 06/03/2016 -  Dr. Robert Rook
Special to the Arkansas Democrat Gazette - 06/03/2016 - Dr. Robert Rook

A state board on Thursday lifted the suspension of a Conway doctor's license and said he can return to practicing medicine, but only in the company of a chaperone when treating patients.

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The Arkansas State Medical Board had suspended Robert Rook's ability to practice in June after he was charged in the sexual assault of two patients.

The board's unanimous ruling came after board attorney Kevin O'Dwyer said he had been unable to find out the names of Rook's accusers or to ask them to testify.

O'Dwyer said he had asked a prosecutor for the women's names but had not received a response.

Prosecutor Jason Barrett, who was appointed to the case after Faulkner County Prosecuting Attorney Cody Hiland recused, said in a statement that he was "greatly disappointed" with the Medical Board's decision and that he hoped it would be revisited after the criminal charges are resolved.

"As the Special Prosecutor in this case, I can say that the victims in these crimes look forward to their day in Faulkner County Circuit Court," Barrett said. "At that time, they will tell their story, and, when that occurs, we remain confident that justice will be served."

More than two dozen people, including several women in medical scrubs, went to the hearing in support of Rook. Several cried and hugged after the board's vote.

Rook, 61, and his attorney, Patrick Benca of Little Rock, declined to comment.

The board issued an emergency suspension of Rook's license on June 9, citing Rook's arrest less than a week earlier in the rape and sexual assault of one patient and the sexual assault of another.

Both women told police that Rook, a family practitioner, fondled their breasts during examinations last fall.

One woman said he also touched her vagina during three visits, including twice after having her remove her clothes and without providing her with a gown.

A third woman was quoted in an investigator's affidavit as saying she had sex with Rook at his clinic, and that afterward he wrote prescriptions for her or gave her cash. Rook has not been charged in connection with that woman's statements.

Rook has pleaded innocent to the rape and second-degree sexual assault charges and is free on $225,000 bond while awaiting trial.

O'Dwyer said a prosecutor told him in June that two of Rook's accusers would be "uncomfortable" with testifying before the Medical Board.

He said he asked the prosecutor to ask all three women named in the investigator's affidavit whether they would be willing to testify.

He said he also asked for the women's names so that he could subpoena them. But he said he never heard back from the prosecutor, even after leaving phone messages on July 12 and July 29.

Barrett said in his statement: "In discussions with the board, I made it clear that I would not subject the victims in this case to cross-examination in an administrative proceeding.

"In fact, because Dr. Rook has been charged with Rape and Sexual Assault, Arkansas law prevents me from releasing their identifying information," Barrett said.

"These brave individuals were victimized by Dr. Rook once, and I was not going to place them in a position where that may happen again."

Arkansas Code 16-90-1104 prohibits a law enforcement agency from releasing information about the victim of a sex crime, unless the disclosure relates to the location of the offense, is required by law, is necessary for law enforcement purposes or is allowed by a judge "for good cause."

The Medical Board could proceed with a hearing based on "hearsay" evidence, such as affidavits, but has typically viewed the use of such evidence as being unfair to doctors, who wouldn't be able to cross-examine their accusers, O'Dwyer said.

Board member William Dudding, a family practitioner in Fort Smith, said the lack of witnesses left the board with "no recourse" but to allow Rook to return to practice under a chaperone's supervision.

"I think if we had a hearing today, who knows how it would turn out, but I can't imagine it turning out any way other than favorable to the physician based on the witness situation," board member John Weiss, a Fayetteville heart surgeon, said.

O'Dwyer said Rook agreed to a consent order requiring the chaperone to sign a log entry for each patient encounter, signifying that the chaperone was with Rook at all times, O'Dwyer said.

The patients will also have to initial the log entry, and the logs will be sent to the Medical Board each month, he said.

Thursday's order will remain in effect until the board finds a witness who is willing to testify against Rook or the criminal charges are resolved, O'Dwyer said.

Metro on 08/05/2016

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