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$________ Civil Assault – Intentional infliction of emotional pain and suffering – Assault and battery – Plaintiff minor is sexually assaulted by defendant – Post-Traumatic Stress Disorder – Anxiety – Major Depressive Disorder and Sexual Aversion Disorders.

Norfolk County, MA

In this negligence matter, the minor plaintiff alleged that she was sexually assaulted by the defendant and subjected to intentional infliction of emotional distress which has caused her to suffer psychological damages. The defendant denied liability maintaining that he did not sexually assault the plaintiff.

The ten-year-old female plaintiff was sexually assaulted by the 67-year-old male defendant who was a friend of the plaintiff’s father. The plaintiff alleged that the sexual assault took place on at least three different occasions. The defendant was convicted of the three counts in criminal court and did not appeal.

The plaintiff brought suit against the defendant alleging assault and battery and intentional infliction of emotional distress. The child suffers from post-traumatic stress disorder, sexual aversion disorder, identity problems, anxiety, depression and obsessive compulsion disorder as a result of the incident.

The defendant denied the allegations and maintained that he was not the one to sexually assault the child. The defendant contended that he was wrongfully convicted although he took no action to appeal his conviction. The defendant ultimately stipulated to liability for the purposes of trial following the plaintiff’s motion to invoke collateral estoppel.The matter was tried on the issue of damages. After three hours of deliberations, the jury awarded the sum of $________ to the plaintiff in damages.

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