STATE v. BROOKS

No. 102,452.

263 P.3d 161 (2011)

46 Kan. App. 2d 601

STATE of Kansas, Appellee, v. George James BROOKS, III, Appellant.

Supreme Court of Kansas.

October 7, 2011.


Attorney(s) appearing for the Case

Lydia Krebs , of Kansas Appellate Defender Office, for appellant.

Jodi Litfin , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six , attorney general, for appellee.

Before ATCHESON, P.J., HILL and STANDRIDGE, JJ.


ATCHESON, J.:

This is both a troubling and difficult case. While the facts and the law have divided the panel, the result pleases none of us.

I. INTRODUCTION

First and foremost, Defendant George James Brooks, III, presents the following question for resolution: If a woman has sex with a man to avoid his publicizing her acutely embarrassing past or present conduct— and she makes clear to him that she otherwise would not do so—has he...

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