A recent jury award out of Alachua County is heartening for sexual assault victims. In this case, the jury awarded the victim $4.6 million for injuries she sustained at the hands of her father over more than a decade.

The Facts of the Case

Rebekah Trahan, 31, alleged that her father, Scott Mulholland Sr., sexually abused her for a period of sixteen years, from ages 8 to 24. Mr. Mulholland is the CEO of U.S. Building Consultants Inc. in Florida. This case was actually tried twice. In the first trial, the jury could not reach a unanimous verdict, so the judge declared a mistrial.

In the second trial, the jury found for the plaintiff, Rebekah Trahan. She alleged that she had experienced sexual abuse from ages 8 to 18, and then physical and sexual battery from ages 18 to 24. Rebekah also sued her mother, alleging that she was negligent for failing to protect Rebekah from the abuse.

The jury’s $4.6 million verdict includes compensation for lifelong medical treatment as well as for Rebekah’s mental anguish. Defense counsel did not recommend a figure for the jurors but left it up to them to decide.

Civil Trials and Criminal Trials

Neither Mr. Mulholland nor his wife has not been charged with any crime because the statute of limitations expired by the time Rebekah informed police about the sexual assault. However, she was able to bring a civil case, which had a longer statute of limitations.

This is only one of the ways that civil sexual assault differs from criminal sexual assault. Another key difference is the burden of proof. In a criminal case, the jury must find the defendant guilty beyond a reasonable doubt, which is a very high standard. By contrast, in a civil case, the jury only needs to find that the defendant committed the act by a preponderance of evidence, meaning it is more likely than not that the defendant committed the sexual assault. Accordingly, it is possible to win a civil sexual assault case against a defendant even if he is acquitted of criminal charges.

Speak to Bundza & Rodriguez Today

This lower standard of proof should allow many victims to bring cases which prosecutors refuse to bring for lack of evidence. Our clients report feeling a sense of vindication when a jury agrees with them that they have suffered sexual assault.

For more information, please contact us today. One of our Daytona Beach sexual assault lawyers at Bundza & Rodriguez, P.A. can meet with you to discuss the details of your case. We offer a free, completely confidential initial consultation to all who are interested. Please call 386-252-5170.

Resource:

gainesville.com/news/20180814/alachua-county-jury-awards-46m-in-civil-sexual-assault-case

The 1990s saw quite a few cases, 23 in Florida alone, in which plaintiffs based their claims of sexual assault on traumatic memories that they had long repressed and had later recovered during psychotherapy. Adult plaintiffs brought lawsuits against family members, teachers, and clergy whom they claimed had sexually abused them decades earlier. For a period in the early 1990s, courts tended to accept recovered memories as evidence of sexual abuse, but beginning in 1995, they ceased to give weight to this type of evidence. The medical community holds that, unless there is some other form of supporting evidence, it is not possible to tell the difference between a recovered (true) memory and a fabricated (false) one. Furthermore, many of the alleged victims recovered these memories as the result of highly suggestive therapies not considered acceptable by mental health professionals.

Notable Florida Cases Involving Recovered Memories of Sexual Assault

• Leonard v. Estate of Cowles – Frank Cowles of Clearwater, Florida was convicted in 1959 of sexual abuse of minors; he admitted guilt and later committed suicide. Years after his death, his nephew Frank Leonard recovered memories, during psychotherapy, of abuse by Cowles, and he brought a lawsuit against his uncle’s estate. The court ruled in Leonard’s favor and awarded him damages from Cowles’ estate.

• Gonzalez v. Boullon – Nina Gonzalez sued her stepfather and was awarded $1 million in damages after recovering memories that he had sexually abused her when she was a minor. Her brother, stepmother, and cousin gave statements supporting her claims.

• Tinker v. Tesson – Sue Tinker filed a medical malpractice lawsuit against Dr. Alan Tesson, a psychiatrist, who had used leading questions and other suggestive techniques to get Tinker to recover memories of having been abused by what she described as a Satanic ritual cult at her school. The case settled with an award of $650,000 for Tinker.

Contact Bundza & Rodriguez About Sexual Assault Cases

The recovered memory controversy of the 1990s may be a thing of the past, but sexual assault cases still require skilled attorneys. Contact Bundza & Rodriguez in Daytona Beach, Florida for a legal consultation.

Resource:

blogs.brown.edu/recoveredmemory/case-archive/legal-cases/