Case details

Family friend sexually battered her, plaintiff claimed

SUMMARY

$530000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 2, 2011, plaintiff Patricia Rhyne, 48, a pet store employee, went to the home of Dale Christiansen, 83, in Clayton. Rhyne claimed she went to Christiansen’s home to confront him about his alleged sexual molestation of her as a child, but that when she tried to hand him a letter about the molestation, Christiansen made lewd comments toward her and touched her breast. Rhyne sued Christiansen, alleging sexual battery. Rhyne claimed that when she was a child, her mother had been an employee of Christiansen’s bar in Clayton and, as a result, she became friends with Christiansen’s children. She also claimed that that Christiansen’s family were like a second family to her, but that Christiansen took advantage of the situation and molested her hundreds of times. As a result, Rhyne produced journal entries, written for a psychology class that she took in her 20s, in which she described her molestation by Christiansen. She also produced a letter she had written to Christiansen’s wife in 1995, but never sent, describing the molestations. Rhyne claimed that when she attempted to confront Christiansen in February 2011, he committed sexual battery by making lewd comments toward her and touching her breast. Christiansen and his wife and daughter denied there was any sexual abuse of Rhyne by Christiansen. They also testified that Rhyne’s story of them being like a “second family” to her during her childhood was false. They further claimed that Rhyne spent very little time with them during her childhood and that it was impossible for her to have been molested on “hundreds of occasions,” as she contended. As to Rhyne’s current claim of sexual battery, Christiansen, along with his wife and daughter, who were both home during the alleged incident, denied anything unusual occurred between Rhyne and Christiansen. They also denied there was any opportunity for Christiansen to assault Rhyne. In addition, defense counsel noted that it was uncontested that Rhyne remained in the home visiting Christiansen’s daughter for an hour or so after the alleged assault., Rhyne claimed the sexual battery incident caused her emotional distress, mental suffering, anxiety and humiliation, resulting in a loss of enjoyment of life. The plaintiff’s expert psychiatrist testified that 75 percent of Rhyne’s therapy expenses were related to the retriggering of her post-traumatic stress disorder by the alleged 2011 sexual assault. Rhyne sought $7,700 in past medical costs for her therapy and an additional amount for future therapy expenses. She also sought recovery of a reasonable amount of damages for her emotional distress, as well as recovery of punitive damages. Defense counsel moved to exclude all mention of any allegations of prior childhood molestation, arguing that Rhyne could not recover damages related to the alleged molestation because both the criminal and civil statutes of limitation had run out. However, the court allowed evidence of childhood sexual abuse only as it related to damages. It reasoned, over defense counsel’s objection, that under the “egg shell victim” concept, prior molestation may have exacerbated Rhyne’s damages from the alleged event on Feb. 2, 2011. Defense counsel disputed all of Rhyne’s claims of molestation during Rhyne’s childhood and sexual battery on Feb. 2, 2011. Thus, counsel asked the jury to award zero damages.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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