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)

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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 -- . '--, ~ r:~ rv-- .- . ---·- -----~ A P P E A R A N C E S: ~~ 1 DOC JN ENT I1 £LbCTRON ( '.-'I • y , , E , DOC #: .- L J)·< Attorney f or Plaintiff l 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. 21 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 . 22

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