Sexual Assault Lawyer Comments On Retirement Of Federal Judge As Woman Files Abuse Lawsuit

AbuseGuardian.com reports on a civil lawsuit which was filed by a Utah woman on the same day that her accused offender, a federal judge, retired. The suit alleges that in 1981 when the plaintiff was 16-years-old, the judge sexually abused her.

The judge retired early, at the age of 63, on Wednesday, March 16th, 2016 due to unspecified health conditions that he said would prevent him from doing his job. Interestingly, on the same day, a civil lawsuit was filed against him by a woman who claims that the judge sexually abused her years ago when she was a witness in a murder case that he was prosecuting. The suit claims that during the trial the judge “intimidated, coerced, and manipulated” the plaintiff into having sex with him for several weeks. At the time of the alleged abuse, the plaintiff was a minor at just 16-years-old, and she claims that he told her if she went public it could cause a mistrial in the case against a man she witnessed shoot her friends.

The plaintiff reported that she recently had a phone conversation with the judge in which she recorded him admitting to having a sexual relationship with her. Utah is a “one party consent” state which allows one person to legally record a phone call without the other person’s consent. A Utah Attorney General’s office report stated through their investigation they did not think the allegations were “strong enough to support a criminal prosecution.” In 1981, the Utah laws stated that the teen would have been old enough to consent to a sexual relationship.

This lawsuit is a civil suit which means that it determines liability and allows the victim to recover compensation if the defendant is found responsible for the plaintiff’s injuries. The plaintiff attempted to have criminal charges brought against the federal judge but was unable to succeed. If there is a criminal case it means that charges are brought against a person who is said to have committed a crime against the state (such as a murder) and is thought to be a danger to the general public. The defendant will be found guilty or not guilty and sentenced accordingly.

Brian Kent, Esq. of the firm Laffey Bucci & Kent understands the devastation and long-lasting effects that sexual abuse can cause a victim. He comments on the civil suit by stating, “An imbalance of power is fundamental to an abuser’s control. Minors are some of our society’s most vulnerable members, and are often easily manipulated. Therefore, it is important that as a society we work to prevent these terrible violations from occurring. The effects of abuse can last a lifetime and I hope that the plaintiff in this case can find some relief and support through a civil suit.” Kent and his firm are devoted to protecting the dignity, safety, and on-going security of each client and currently represent several individuals in claims of sexual abuse.

For more information on potential sexual assault claims, or to ask questions, please call Attorney Brian Kent at 866-577-2786.