Doe v. Bin Fahd Alsaud et al

Filing 115

OPINION re: 106 MOTION to Reopen Case & For Damages. filed by Jane Doe. For the foregoing reasons, the Plaintiff is to be awarded $1,250,000 in compensatory damages and $1,000,000 in punitive damages. (Signed by Judge Robert W. Sweet on 10/10/2017) (kgo)

UNITED STATES DISTRICT COURT
SOUT HERN DISTRICT OF NEW YORK
------------------------------------- x
JANE DOE ,
13 Civ. 571

Plaintiff,

OPIN I ON

- againstHRH PRINCE ABDULAZIZ BIN FAHD ALSAUD ,
SAUDI OGER LTD, and MUSTAPHA OCTANES ,
Defendants .
------------------------------------- x

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A P P E A R A N C E S:

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1 DOC JN ENT
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£LbCTRON ( '.-'I • y , , E ,
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Attorney f or Plaintiff

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MORE LL I LAW FI RM PLLC
777 Third Avenue, 3 1st Floor
New York , NY 10017
By:
Sara A . Strickland , Esq .

Pro Se Defendant
MUSTAPHA OCTANES
12-A-2814
Eastern Correct i ona l Facility
P.O. Box 33 8
Napanoch , NY 1 2 458

1

DATEFI~-;;:--t--+--- \1

i

Sweet, D.J.

This action arises from Defendant Mustapha Ouanes'
("Ouanes" or the "Defendant") rape and assault of the Plaintiff
Jane Doe ("Doe" or the "Plaintiff") at The Plaza Hotel on
January 26, 2010. The Plaintiff's motion for summary judgment
was granted on December 13, 2016 (the "Opinion"). See People v.
Ouanes , 123 A.D.3d 480

(1st Dep't 2014), leave to appeal denied,

25 N.Y.3d 1075 (2015); see also Doe v. Alsaud, 224 F. Supp. 3d
286 (S.D.N.Y. 2016). The Plaintiff now seeks compensatory and
punitive damages.

The Plaintiff is to be awarded $1,250,000 in
compensatory damages - $850,000 for past pain and suffering and
$400,000 for future pain and suffering - and $1,000,000 in
punitive damages.

I.

Prior Proceedings

The Opinion set forth the proceedings prior to this
motion, and they are restated in relevant part here. See Alsaud,
224 F. Supp. 3d at 289.

2

)

In February 2012, following a two-week trial in New
York Criminal Court, a jury convicted Ouanes of five criminal
charges: rape in the first degree, criminal sexual act in the
first degree, sexual abuse in the first degree, assault in the
second degree, and attempted sexual abuse in the first degree.

See People v. Ouanes , 123 A.D.3d 480

(1st Dep't 2014), lea ve to

appeal denied, 25 N.Y.3d 1075 (2015) . Ouanes was sentenced to
ten years in prison. Id.

In 2013 , the Plaintiff filed this civil action against
the De fen dant . The Plaintiff moved for summary judgment as to
Ouanes' liability in June 2016, and the motion was granted on
the ground of collateral estoppel on December 13, 20 1 6. In June
2017, th e Plaintiff moved for compensatory and punitive damages.
This motion was taken on submission on August 15, 2017 , at which
point the motion was deemed fully submitted.

II.

The Facts

The egregious details of the January 26 , 2010 attack
and the effects on the Plaintiff are set forth below, restated
as provided by the Plaintiff. See Pl.'s Br. Exs. D & E.

3

In January 2010, the Defendant drugged and sexually
assaulted the Plaintiff and her friend Mary Doe in a hotel room
at The Plaza Hotel. See Pl.'s Br. Ex. D

~~

13-21. Ouanes

repeatedly raped the Plaintiff and sodomized her. See id. At
multiple points during the attack, which lasted several hours,
the Plaintiff tried to escape Ouanes' grasp but was unable to do
so. See id. When the two women regained consciousness after the
attack, Mary Doe dialed 911 while the Defendant stared at them
coldly and nonchalantly said: "Go ahead, call t he police. Do
whatever you want." See id.

~~

23, 24. The Plaintiff states that

the Defendant's heinous and disgusting violation of her body
left her feeling horrified and worthless. See id. Ex. E

~

3. The

Plaintiff also states that although she does not remember all of
the attack because she was so heavily drugged, what she does
recall about the events of January 26, 2010 will stay with her
forever.

See id.

After the police arrived, the Plaintiff was taken to
the emergency room at Roosevelt Hospital where she underwent an
examination and rape kit. See id. Ex. D

~

26 & Ex. E

~

3. She

describes her examination at Roosevelt Hospital as "almost as
painful as child birth." See id. Ex. E

~

3. Ms. Doe also states

that as a result of the attack, she had multiple contusions in
and around her vagina, anus, and breasts, as well as bruises
4

revealing handprints at her waist and hips. See id. Ex. D

~

26.

She was bleeding from her rectum and her jaw was sore. See id.
Ms. Doe avers:
I will never forget the horrific taste in my mouth and
begging for water [at Roosevelt Hospital], however as
part of the exam I had to wait until all the necessary
swabs for the rape kit were completed. When I received
the phone call from the ADA stating that the " horrib le
taste" was fecal matter that [was] swabbed from my
mouth, I almost wanted to crawl out of my own skin.

See id. Ex . E

~

3 . The Plaintiff also received care at

the Roosevelt Hospital AIDS clinic where she was prescribed
ant ivirals and an antiemetic in case she had been exposed to
HIV/AIDS during the attack. See id.

~

4 . She was also advised

that the medications carried the risk of permanent liver and
kidney dysfunct i on and were so strong that she spent the
majority of the next two weeks nauseous or vomiting.

See id.

In addition to her significant and disturbing physical
injuries , the Plaintiff suffered and continues to suffer severe
emotional distress as a result of the Defendant's attack. Her
affidavits detail her emotional injuries and the myriad ways in
which the Defendant's vicious actions have upe n ded her life.

See

id. Exs. D & E. Specifically, as a result of the Defendant's
attack, the Plaintiff was diagnosed with complex Post-Traumatic
Stress Disorder ("PTSD"), anxiety disorder, and massive
depression, which persist today. See id. Ex. D
5

~

27 & Ex. E

~~

8-9, 11. The Plaintiff states that after the attack, the impacts
of trauma were so invasive and omnipresent that she could no
longer carry out her daily activities and she fell into a deep
depression and felt constant anxiety. See id. Ex. E

~

6. As a

result of these thoughts and feelings, Ms . Doe attempted to take
her own life in 2010 . See id . She explains: "at that time, I
honestly wanted to die because I already felt as if I was dead ."
Id . The Plaintiff was admitted to Princeton House Behavior

Health's Woman Trauma program for several weeks and remained
there until she was called to court for the Defendant's two-week
criminal trial. See id.

~

7. The Plaintiff describes her cross -

examination over three days and the display of graphic, very
personal photographs of her body at the Defendant's criminal
trial as jarring, humiliating, and devastating for her and her
family.

See id .

~

8.

Ms . Doe also describes the PTSD, anx ie ty, and
depression as comp letely altering her life and the way she
identified herself in the world . See id.

~

12. She explains :

The sexual assault has robbed me of my confidence and
my self - esteem . My dignity, my autonomy, and my selfrespect have all been compromised as a result of the
crimes carried out against me. My faith in myself and
my faith in the world have been decimated. I am not
the person I was before the assault and I will never
be the same as a result of what has been inflicted
upon me. I struggle to remember what li fe was like
when things like safety could be taken for granted . I
6

am afraid I cannot live up to the expectations of
those who knew me before. I struggle to connect to
people in good faith and to trust them. I struggle to
find the energy, on so many days, to fight through the
difficulties sexual assault has created for me and
reach out to others. Solitude and isolation became my
new safety and I became socially isolated.
Id. At the time of the assault, the Plaintiff was a
nursing student living in Brooklyn and she supported herself and
paid for school by working in Manhattan as a bartender. See id.
Ex. D

~

1 & Ex. E

~

5. As a result of the sexual assault and the

PTSD, depression, and anxiety it caused, Ms. Doe lost her job
and her apartment in Brooklyn, could not immediately return to
nursing school, and had to move back to New Jersey to live with
her parents. See id. Ex. D

~

27 & Ex. E

~~

5, 15. She attempted

to return to nursing school in 2012, but had to medically
withdraw to take care of herself. See id. Ex. E

~

15. Ms. Doe

returned in 2014 and hopes to finally complete nursing school
later this year, more than seven years after the attack. See id.
The Plaintiff describes her attempts to complete school since
the attack as a "struggle every step of the way." Id. She has
also been unable to maintain full time work since the attack.
She explains:
To this day, seven years since the assault, I have not
been able to work full-time. The physical and
psychological impacts of the assault continue to
interfere with my daily life and prevent me from
achieving what used to come so easily. I do not know
when I will be in a position to return to full-time
work. In 2010, I took a job working as an assistant
7

manager at Boom Restaurant on Spring St. NYC. I had to
resign from my position due to depression and anxiety.
I no longer had the social skills I needed to continue
to work in such a high demanding social atmosphere. I
resigned after a few months of employment. I had been
a part owner in [] a nail salon with my mother and in
2012, we had to liquidate the business due to symptoms
consistent with my PTSD diagnosis. The truth is I will
not know if I will be able to ever work full-time
again. I plan to give it my all, I now have a new
reason to live, that is solely for my son, [whose]
life depends on me. I struggle to be strong each day

Not being able to work full-time for over seven years
now has had a significant financial impact on my life
- severely restricting my earning capacity and costing
me tens of thousands of dollars in lost income. I have
been dependent on family and friends for assistance
when I could not hold a job of my own. I will also
never get the years I suffered so immensely (my late
twenties) back. Prior to the sexual assault I was an
outgoing, social, hardworking individual with dreams
of one day becoming an RN. Not being able to work
full-time is humiliating and distressing. Full-time
employment is not just a way to make a living, it is a
way to participate in and contribute to society.

Id.

~~

9, 10. The sexual assault and its effects

continue to haunt the Plaintiff to this day. She states:
I presently see a psychiatrist every three months for
support with the symptoms of post-traumatic stress. On
a daily basis, I still struggle with hype r -vigilance,
the repetitive and intrusive thoughts, the flashbacks,
sleeplessness, insomnia, nightmares, difficulties in
concentration, and memory problems. I continue to rely
on psychiatric medications to support me to manage
these symptoms. The persistence and invasiveness of
post-traumatic stress wears me down and consumes so
much of my energy that full-time work is not a
possibility at this time. I also still seek weekly or
bi-weekly counseling to help cope with PTSD.

Id.

~

11. She further avers:

8

[T]he impacts of sexual assault continue to immensely
affect me, years after the assault, on a da il y basis.
Not a day goes by that what was done to me does not
interfere with my life or limit the life I lead in
some way. Sexual assault has cost me in profound ways.
It has placed my life on a completely different path
from the one I was on, had I not been assaulted. I
have endured significant loss and these losses cannot
be undone.
Id.

~

16. The record evidence establ i shes that the

Defendant's heinous sexual assault caused the Plaintiff to
suffer severe physical and emotional injuries and immensely
affected her life.

III. The Applicable Standard

The United States Supreme Court has held that the
common law manner of the trier of fact assessing compensatory
and punitive damages "predates and does not vio late the Due
Process Clause of the XIV Amendment, U.S. Constitution." Deborah
S. v. Diorio, 153 Misc. 2d 708, 710, 583 N.Y.S.2d 872

(Civ. Ct.

1992), aff'd as modified, 160 Misc. 2d 210, 612 N.Y.S.2d 542
(App. Term 1994). "Compensatory damages recoverable for sexua l
assault .

. include compensation for the injury itself,

conscious pain and suffering including mental and emotional
anxiety which can be based on the plaintiff's subjective
testimony plus special damages, which need not be pleaded." Id.
at 715, 583 N.Y.S.2d at 872 (citing Laurie Marie M. v. Jeffrey
9

T.M.,

159 A.D.2d 52, 54, 559 N.Y.S.2d 336 , 337

nom. Laurie Marie M. v. Jeffrey T.M.,

(1990)

aff'd sub

77 N.Y.2d 981, 575 N.E.2d

393 (1991)) .

Punitive damages are appropriate under New York law
where "the wrong complained of is morally culpable, or is
actuated by evil and reprehensible motives, not only to punish
the defendant but to deter him." Walker v. Sheldon, 10 N.Y.2d
401, 404, 223 N.Y.S.2d 488, 490 (1961). An award of punitive
damages "must be based on 'quasi-criminal condi ct or of such
utterly reckless behavior' or a demonstrated

· ~alicious

intent'

to injure the plaintiff, or gross wanton or wi l lful fraud or
other morally culpable conduct." Deborah S., 153 Misc. 2d at
711, 583 N.Y.S.2d at 875 (citing Laurie Marie M., 159 A.D.2d at
58, 559 N.Y.S.2d at 336).

IV.

The Plaintiff is Awarded $1,250,000 in Compensatory Damages

The Plaintiff's testimony amply establishes that the
Defendant's attack has for the past seven years caused Ms. Doe
serious physical, psychological, emotional, and financial
trauma. This Court's present duty is to assess the financial
compensatio n Ms. Doe is entitled to in light of the Defendant's

10

physical and emotional violations of the Plaintiff's well-being
and their lasting effects.

The Supreme Court has acknowledged and this Court
similarly recognizes that "[s]hort of homicide,

[sexual assault]

is the ultimate violation of self. It is also a violent crime
because it normally involves force, or the threat of force or
intimidation, to overcome the will and the capacity of the
victim to resist.

[Although sexual assault] is very often

accompanied by physical injury to the [victim, it] can also
inflict mental and psychological damage." Coker v. Georgia,
U.S. 584, 597-98

(1977)

433

(internal quotations ol itted).

Quantifying a loss to Ms. Doe's physical autonomy and
emotional security is difficult. "Unlike pecuniary losses, these
damages are, by their nature, not susceptible to mathematical
computation." Mathie v. Fries,
1996), aff'd, 121 F.3d 808

935 F. Supp. 1284, 1304

(2d Cir. 1997)

(E.D.N.Y.

(noting that "the law

does not provide a precise formula by which pain and suffering
and emotional distress may be properly measured and reduced to
monetary value."). Under New York law, "[t]he measure of damages
for pain and suffering and emotional distress is fair and
reasonable compensation to be fixed by the trier of fact in the
light of all the evidence in the case." Id. The Court may
11

consider many factors in reaching this determina ti on , i nc l ud i ng
" the social and emotiona l betrayal , humil iation a n d i so l at i on
suffered by the victim as wel l as the threat to the victim ' s
self - esteem and physical , psychic and emotiona l integrity and
health , in addition to actual therapeutic and medical expenses. "
Id. at 1306 . This Circuit has provided that "[w]ith respect to

menta l distress damages , we have been wil l ing to u phold
I

substantial awards where warranted . " Ismail v. Cohen , 899 F . 2d
183 (2d Cir . 1990)

(awarding $650 , 000 in compensatory damages

where the plaintiff was involved in a minor parking d i spute , was
arrested , spent 60 hours in jai l and sustained head trauma , two
displaced vertebrae, and a cracked rib) .

Determining an amount of compensatory damages is "an
exercise in pretend exactitude. " Offei v . Omar J No . 11 Civ .
4283 (SAS) (MHD) , 2012 WL 2086294 , at *7

(S.D.N . Y. May 18 , 2012) .

Guidance may be found i n prior awards invo l ving similar torts ,
similar injuries, or both . See In re Air Crash Near Nantucket
Island , 307 F. Supp. 2d 465 , 469 (E.D.N . Y. 2004) . However ,

although "[d]amage awards i n ana l ogous cases prov i de an
objective frame of reference ,

. they do not control [ the

Court's] assessment of ind i vidual circumstances ." Id .
Mo ore v. M/V Angela, 353 F.3d 376 , 384

(quoting

(5th Cir . 2003)). Courts

in this Circuit and State have upheld large col pensatory damage
12

awards for sexual assau l t and rape victims , yet interestingly,
such awards vary drastically - even where cases share similar
facts. Nevertheless , the following cases offer a helpful
starting point:

In Ortiz v. N.Y . City Hous. Auth , 22 F. Supp . 2d 15,
40

(E . D. N.Y. 1998), aff ' d, 198 F.3d 234

(2d Cir. 1999) , the

Second Circuit upheld a jury award of $2 milli 0n for past pain
and suffering and $1 million for future pain and suffering for a
47-year old plaintiff who was raped at gunpoint in the stairwell
o f her apartment building .

In Splawn v . Lextaj Corp ., NV, 197 A .D. 2d 479 , 603
N.Y . S.2d 41 (1993) , the court upheld a compensatory damage award
of $1 . 8 million for past pain and suffering and $200,000 for
future pain and suffering for a plaintiff who was raped in a
hotel room. Similarly, in Pantages v . L . G. Airport Hotel
Assocs., Inc. , 187 A.D . 2d 273, 589 N. Y.S.2d 426 (1992) , the

plaintiff "was brutally raped, sodomized and assaulted by three
men " in a hotel room , and the court upheld an award of $1 . 5
million for past pain and suffering and $375,000 for future pain
and suffering. In Schneider v . Nat'l R . R . Passenger Corp ., 987
F.2d 132, 1 38

(2d Cir . 1993), the court upheld a jury award of

13

$1 . 75 million for a woman who was robbed and subjected to
attempted rape .

In Miller v . State , 62 N. Y. 2d 506 , 509, 467 N. E.2d
493 , 495 (1984) , the plaintiff , a 19 - year - old college student
was confronted by a man wielding a butcher knife in her
dormitory laundry room at 6 : 00 am. The

defenda~t

blindfolded and

pulled the plaintiff into a dormitory room where he raped her
twice at knifepoint and threatened her with mutilation and
death.

Id. Upon remittal the court concluded that "[c]onsidering

the horror of the rape itself and the conseque r. ces that
followed , an award of $400 , 000 is in order ." Miller v . State ,
I

110 A. D. 2d 627 , 628 , 487 N. Y. S . 2d 115, 116 (1985) .

Phillip v. Goulbourne , N.Y . L . J. August 4, 1995 (Sup .

Ct . West Co . 1995)

(not otherwise reported)

involved three

children who were raped and sodomized by their mother 's fiance
and thereafter suffered from post-traumatic stress disorder. The
court awarded each plaintiff $500 , 000 in compensatory damages .
Id .

In Deborah S . v . Diorio , 153 Misc.2d at 715 , 583
N. Y. S . 2d at 872 , the defendant raped, sodomi zed , sexually
assaulted , and threatened to kill the plaintiff. Id. The
14

plaintiff succumbed to forced sexual intercourse for one to two
hours . Id. The court looked to "[t]he social amd emotional
betrayal and humiliation , the isolation, the t tI reat and
violation to her self - esteem , physical , psychic and emotional
integrity and health, the fear for her life , the utter sense of
hopelessness and helplessness , loss of income and therapeutic
and medical expenses" in assessing compensator t damages . Id . at
I

716 . The court determined that the plaintiff was entitled to
$100,000 for the incident , plus pain and suffering, totaling
$170 , 495 in compensatory damages.

Id .

In Offei v . Omar , 2012 WL 2086294 , a f *l, a hotel room
attendant was sexually assaulted by a guest in a hotel room
while she was in the course of carrying out her duties . After
the plaintiff entered the room to clean it , the defendant seized
her in a bear hug , kissed her on the lips , squ t ezed her breasts
and rubbed his clothed penis against her . Id. The plaintiff
tried to escape as he grabbed her once again.

Id . Following the

incident , the plaintiff suffered a series of panic attacks , "was
unable to sleep, was frightened , and cried frequen tly , and in
only a few days she lost seven pounds." Id., at *2 . The court
awarded the plaintiff $250 , 000 in compensatory damages in light
of "the nature and length of plaintiff ' s emotional suffering,
includ ing its continuation through the period of the hearing ,
15

and its exacerbation by a variety of cultural and other
circumstances ." Id ., at *7 . The court specifically n oted that
extreme, lasting emotional distress was suffic l ent to warrant
such an award even though the assault was a one - time event and
did not involve a rape or any overt effort to disrobe the
plaintiff . Id. , at *6 .

In Laurie Marie M. v. Jeffrey T.M.,

159 A.D.2d at 62 ,

559 N. Y.S . 2d at 336 , the plaintiff who had bee l

sexually touched

by her stepfather on about twenty occasions when she was a child
was awarded $100 , 000 in compensatory damages.

As noted, there is significant varia ion for
compensatory awards to victims of sexual assault. The guiding
language is that the award be "fair and reas on kble compensation"
in light of the evidence. The record establishes that as a
result of the Defendant ' s attack , the Plaintiff suffered severe
physical injuries , extreme emotional distress

including PTSD ,

depression , and anxiety that persists today - and a complete
upending of her life . The Plaintiff ' s past emotional trauma is
evidenced by her attempted suicide , inability to maintain full
time work since the attack , loss of self - esteem, autonomy, self dignity, and self-respect, in addition to her lack of faith in
herself and the world. These psychological and emotional

16

symptoms have persisted seven years since the date of the
attack .

In light of the disturbing specifics of this attack ,
.
·d
I ·
·
·
is Circuit
t h e tota 1 ity o f t h e evi ence, an d t h e prece d ent in t h'
and State , Plaintiff Doe will be granted judgmi nt in the amount
of $850 , 000 for past pain and suffering and $400 000 for future
I

,

pain and suffering , for a total compensatory damage award of
$1 , 250 , 000.l

V.

The Plaintiff is Awarded $1,000,000 in Punitive Damages

I
The Plaintiff also seeks an award of punitive damages.
Under New York law, punitive damages are approb riate if the
trier of fact concludes that "the wrong compla l ned of is morally
culpable , or is actuated by evil and reprehensible motives, not
only to punish the defendant but to deter him." Walker ,
10.N.Y.2d at 404 , 223 N.Y.S.2d at 490; see also Laurie Marie M.,
159 A.D. 2d at 52 , 559 N.Y.S.2d at 336 (quoting Maitrejean v .
Levar Prof . Corp ., 87 A.D . 2d 605 , 606 , 448 N. Y. S . 2d 46, aff'd,

1

The Defendant claims that the Plaintiff's motion for damages is
"illusive" as he has "no personal fortune, rea~ estate or any
worth mentioning property ." See Def.'s Letter, ECF No. 98.
Notwithstanding this claim the Plaintiff is entitled to judgment
and the possibility of enforcement.
17

57 N.Y.2d 902, 442 N.E.2d 1274 (1982))

("An award of punitive

damages must be based on 'quasi criminal condu l t or of such
utterly reckless behavior' or a demonstrated ' l alicious intent'
to injure the plaintiff, or gross, wanton, or

f

illful fraud or

other morally cu lpable conduct."). Moreover, "tthe New York
I

courts have shown a willingness to impose such an award in the
.

I

case o f sexual assaults, even in the absence of a fiduciary
relationship." Offei, 2012 WL 2086294, at *7.

As for determining the amount of an award, this
question "reside[s] in the sound discretion of lthe original
trier o f the facts." Deborah S ., 153 Misc. 2d l t
N.Y. S.2d at 875 (citing Walker,

711, 583

I

10 N. Y. 2d at 405) . Moreover,

"[t]here is no formula by which punitive damagl s are fixed."
Id.;

see also Ahrens v . Stalzer,

N.Y.S.2d 867

(Dist. Ct. 2004)

4 Misc. 3d 10 J 3(A), 791

(noting that a p l nitive damage

award "does not have to have any relationship tro an award for
compensatory damages."). Nevertheless, certain considerations
may guide the court's determination, including the following:
"[the] defendant's motive; the existence or ab J ence of malice or
I

intentional disregard to plaintiff's rights or reckless
indifference theret o ; the nature, quality and d uration of harm
inflicted upon plaintiff; defendant's financia l wealth or
assets; and the degree of deterrent resulting from a punitive
18

award." Offei , 2012 WL 2086294, at *7

(citing Deborah S.,

Misc.2d at 716, 583 N.Y.S.2d at 878)

A look t© analogous cases

153

I

once again offers useful insights:

In Ahrens v. Stalzer,

4 Misc. 3d at

013(A), 791
1

N.Y.S.2d at 867, the court awarded the plaintiffs $3,000,000 in
punitive damages where the defendant broke int l the plaintiffs'
I

home while they were out of town, flooded the i ouse, stole six
family photo albums and the wife's bra and underwear, and
smeared the walls with defamatory writing abou J the husband
I

having an affair. The defendant's conduct caused the family to
be ripped apart by distrust, to lose friends a t d neighbors on
account of suspecting them, and led the young crh ildren to
develop severe fears of strangers. Id. The cou l t noted that
"[t]he damage that defendant Stalzer caused wa l not remedied
when he was arrested or when the plaintiffs' h l me was repaired.
I

The damage continues to date and will continue indefinitely."
Id.

In Offei, 2012 WL 2086294, at *7, the court awarded
the plaintiff $100,000 in punitive damages whe l e the defendant
groped the plaintiff as she was attempting to crlean his hotel
I

room. The court provided that "Mr. Omar's misc o nduct, although
brief, had very serious long-term consequences for the plaintiff
19

and her family, and was directed at someone whom he undoubtedly
perceived as vulnerable and hence perhaps compliant to his
wishes or at least fearful of complaining." Id j
I

The court in Deborah S. v. Diorio, 153 Misc.2d at 716,
583 N.Y.S.2d at 878 , noted that the defendant's criminal
conviction and "sudden Dr.

Jekyll~Mr.

Hyde tra t sformation upon

being sexually rebuffed from a gentle person to a raging animal
showed utter reckless behavior." Id. Moreover, the defendant's
"threatened and actua l use of a sharp knife upon plaintiff's
.

I

person, necessitating medical and psychologica l treatment,
demonstrated 'malicious intent' to injure plai t tiff ." Id. The
Court concluded that an award of $200,000 "serve[d] as a warning
to others ." Id. at 715, 583 N.Y.S.2d at 878.

The sexual violence committed by the Defendant
undeniably constitutes morally reprehensible or utterly reckless
behavior making a punitive damage award proper ] Not only did the
Defendant physically and sexually abuse the Plaintiff in the
I

most violating way, but he shattered the Plaintiff's emotional
well-being. The Plaintiff became severely depr l ssed and was
I

robbed of her faith in humanity as a direct result of the
Defendant's attack. The Defendant's conduct is made even more
objectionable based on his belief that his relationship to the
20

Prince of Saudi Arabia would keep him out of t e reach of the
law, as evidenced by his remark that the Plaintiff "Go ahead,
call the police." The purpose of punitive dama J es is to deter
and punish exactly this attitude and conduct.

Further, while the attack itself lasted hours - during
which time the Plaintiff fell in and out of

co ~ sciousness,

witnessed the Defendant raping her and her friend,

and attempted

but failed to escape - the ramifications for the Plaintiff are
I

life-long. Even after seven years the Plaintiff continues to
struggle. Ms. Doe suffers with PTSD, anxiety, and depression;
has attempted suicide; has lost her job; medic l lly withdrew from
nursing school; and is haunted by the attack om a daily basis.

Accordingly, the record evidence establishes that an

I

award of $1 million in punitive damages is prower.

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VI.

Conclusion

For the forego i ng reasons , the Pl a i n J iff i s to be
awarded $1 , 250 , 000 in compensatory damage s and $1 , 000 , 000 i n
pun i tive damages .

It

is so orde re d .

New York, NY
October (o , 2017

~ ~~,~BERT

W. SWEET

u.s.o. J .

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