Developmentally disabled woman gets $4 million in St. Charles rape lawsuit - LakeExpo.com: News

Developmentally disabled woman gets $4 million in St. Charles rape lawsuit

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Posted: Saturday, April 14, 2012 10:15 am | Updated: 10:16 am, Sat Apr 14, 2012.

ST. LOUIS -- A federal jury on Thursday awarded $4 million to a female patient of a state facility for the developmentally disabled in St. Charles who said she was sexually assaulted by an employee.

Jurors awarded her $1 million in actual damages and $3 million in punitive damages, said one of her lawyers, Derek Rudman.

There was no dispute during the trial that the employee, Albert Borders, had sexual contact with the 24-year-old patient on Nov. 20, 2007, at the St. Charles Habilitation Center, 22 Marr Lane.

The woman said Borders had dragged her off and sexually assaulted her.

Borders initially told police there had been no sexual contact. He later said that the two had sexual contact but that it had been consensual.

Wearing a blue-and-white striped shirt, jeans and athletic shoes for his testimony Wednesday, Borders admitted lying to police but denied sexually assaulting the woman. He did admit, however, that she was in his custody at the time.

Doug Rudman, another lawyer for the woman, told jurors in closing arguments Wednesday afternoon that she was unable to consent to sex, being mentally incapacitated.

He asked for $10 million for her pain and suffering and to provide for her future care and $20 million as a message to "all state workers."

Robert Isaacson, of the Missouri attorney general's office, said that jurors had promised to separate what was "wrong" from what was "a violation of the law."

Isaacson said that the woman's quick recovery, per her treatment notes, showed that this "violent action simply did not take place."

The attorney general's office, which represented Borders, declined to comment on the case after the verdict, other than confirming the amount.

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(c)2012 the St. Louis Post-Dispatch

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