An Oregon man who was acquitted in the rape of an assisted-living home resident will pay $200,000 in order to settle civil litigation filed by the woman’s family. The man’s attorney said that his client has admitted to one or more of allegations brought against him in the family’s $2.5 million claim, but stressed that this does not mean he has admitted to raping the woman, who suffered from dementia at the time of the alleged assault.
However, the woman’s family argues that the admission proves the veracity of their claims. The victim’s brother-in-law noted that now the family can “say he is a person who lied and takes sexual advantage of a vulnerable person” and can do so “out loud.” The family’s attorney argued that the man’s agreement to settle the lawsuit is a tacit admission of his guilt.
The agreement requires the man to provide the family with yearly payments of $5,000 for the next 20 years, totaling $100,000. However, if he is unable to make these payments or sells the property where he lives with his wife before that time has expired, his obligation will increase to $200,000. The man has been sued by credit-card companies for unpaid debt in recent years, and some say he may not be able to afford the settlement.
In a separate lawsuit, the assisted-living facility where the assaults allegedly occurred agreed to settle with the family for an undisclosed amount. The family claimed the home was partially responsible for the incident, as it failed to make the man check in with staff and allowed him to enter the facility through an unlocked door. Because the woman is now deceased, the damages from both settlements will go to her 33-year-old son.
Source: Oregon Live, “Man acquitted in rape of woman with dementia agrees to pay $200,000 to her family,” Aimee Green, Nov. 24, 2012