Fourth Department – Adult Survivors Act: Jane Doe v. Moran, et al.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Adult Survivors Act — Sexual abuse — Malicious prosecution

Jane Doe v. Moran, et al.

CA 25-00596

Appealed from Family Court, Monroe County

Background: The plaintiff was arrested in over 20 years ago for her participation in a gunpoint robbery that included three other people. She alleged that prior to robbery, she was raped by one of the codefendants and was coerced into driving them to the robbery. She commenced an action pursuant to the Adult Survivors Act alleging that the district attorney of Livingston County alleging that her injury and trauma were aggravated when he brought false criminal charges against her by persuading her codefendants to implicate her in a robbery. She appeals from the dismissal of her action.

Ruling: The Appellate Division affirmed. The court held that the tort claim is based on conduct that would constitute fabrication of evidence and malicious prosecuting but not a sexual offense. The record supports that the district attorney did not know the plaintiff at the time of the rape and his actions took place months later before she told anyone that she had been raped.

Mary Hope Benedict, attorney for the children; David M. Abbatoy, of The Abbatoy Law firm, and Jon M. Stern for the petitioners-respondents; Katharine F. Woods for the respondent-respondent.

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