# Ten Broeck Dupont, Inc. v. Brooks

> Kentucky Supreme Court · May 21, 2009 · 283 S.W.3d 705

URL: https://www.frixlaw.com/law-library/cases/9689517

## Case

- **Full name:** TEN BROECK DUPONT, INC. (d/B/A Ten Broeck Hospital), Appellant, v. Artemecia BROOKS, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** May 21, 2009
- **Citations:** 283 S.W.3d 705; 2009 Ky. LEXIS 99; 2009 WL 1439178
- **Precedential status:** Published
- **Opinion:** Concurrence by Schroder
- **Judges:** Scott, Cunningham, Venters, Noble, Scott'S, Schroder, Minton, Abramson
- **Cited by:** 140 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9689517

## How later opinions describe it (automated extraction)

- finding that when a party consents to sexual contact “there [can] be no sexual assault. . . . [And,] we either had a sexual assault, or we did not.”
- holding statements made by hospital’s agents within the scope of their employment were admissible under hearsay exception for admissions of parties
- stating “An appellate court is without authority to review issues not raised in or decided by the trial court.”

## Opinion text

SCHRODER, Justice,
Concurring in Result only.
I disagree with the majority’s view that evidence of Brooks’ sexual promiscuity, past sexual behavior and that she liked sex too much was relevant to the issue of damages. This presumes that a woman who is more sexually active and/or promiscuous will be less affected by being raped and suffer fewer damages. I believe this type of evidence was what the Rape Shield Law was enacted to exclude.
MINTON, C.J.; joins this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689517. Public record. Not legal advice.