Torts — sexual assault — damages

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Wisconsin Court of Appeals

Civil

Torts

Sexual assault; damages

A $700,000 damage award against a defendant who sexually assaulted the plaintiff was not excessive.

“Here, the trial court found that, throughout the summer and fall of 2005, that Peters ‘groomed’ M.J.K. for the purpose of engaging in a sexual relationship with him; that Peters expressly asked P.K. and J.K. if M.J.K. could come to his home in October 2005; and that Peters wanted M.J.K., P.K., and J.K. to trust him. Once M.J.K. arrived in Peters’ home, Peters insisted that M.J.K., a twelve-year-old boy with low self-esteem and confidence issues, undress and acquiesce to Peters holding and manipulating his penis. Peters later had M.J.K. perform exercises in the nude. The trial court found that the sexual assault ‘was the culmination and consequence of … Peters’ deliberate and purposeful efforts to obtain the trust and loyalty of [M.J.K., P.K., and J.K.].’”

“Peters does not contest the trial court’s careful and thoughtful findings of fact. Instead, Peters submits that he did not act maliciously or disregard M.J.K.’s rights because he only ‘touch[ed] M.J.K. and ask[ed] him to do exercises in front of him in the nude. This is not a case where there was any penetration of any kind, there was no rape, M.J.K. did not touch [Peters], and [Peters] did not masturbate himself.’ These statements grossly underestimate the effect of Peters’ actions on M.J.K., a developing and vulnerable twelve-year-old boy, who was in the care of an adult authority figure whom he trusted. It is simply disingenuous for Peters to argue that fondling a twelve-year-old boy and pressuring him to perform nude exercises was not malicious or did not disregard the boy’s rights. See Strenke, 279 Wis. 2d 52, ¶38.”

Affirmed.

Recommended for publication in the official reports.

2010AP2135 J.K. v. Peters

Dist. I, Milwaukee County, Witkowiak, J., Brennan, J.

Attorneys: For Appellant: Steinle, W. Timothy, Milwaukee; Severino, Mark, Milwaukee; For Respondent: Mayer, John F., Manitowoc; Nycz, Eric Gregory, Manitowoc; Wallace, Justin F., Manitowoc