Taylor Swift prevails in groping lawsuit
On August 14, 2017, Taylor Swift's countersuit against the radio disc jockey who allegedly groped her during a photo shoot in June 2013 ended with a jury verdict in Swift's favor. The verdict came after the jury deliberated for four hours. Swift had sought nominal damages in the amount of $1, which is what she will receive. Swift only sought nominal damages because her goal was to obtain a judgment that could empower other victims of sexual assault to come forward and report their abuse.
Swift was scheduled to hold a concert in Denver, Colorado in June 2013. Before the concert, she attended a meet-and-greet event and posed for pictures with some of the attendees, including the radio disc jockey and his girlfriend. When the photo was taken, Swift alleged that the disc jockey reached under the back of her skirt and fondled her buttocks. The photo shows his arm and hand obscured behind her back somewhere below her waist, but it does not show the actual groping. Swift reported the incident to her own team and to her mother immediately after it happened. Her management company contacted the DJ's bosses, and he was subsequently fired two days later. He filed a lawsuit against Swift, her mother and her radio promotions director in 2015, alleging defamation and tortious interference with his employment contract. Swift countersued for sexual assault and sought nominal damages of $1.
The judge dismissed the DJ's defamation claim against Swift in May 2017. He subsequently dismissed Swift from the DJ's lawsuit as a defendant during the trial, finding that there was not enough evidence that she had acted improperly. The jury found both Swift's mother and her promotions director not guilty of tortious interference and returned a verdict in Swift's favor on her countersuit.
In order to prove that a wrong occurred and to have a jury or a judge decide a controversy, plaintiffs must show that they were harmed. In some cases, plaintiffs may have suffered very minimal or no financial losses but still want to obtain a court judgment that the wrong did happen. Nominal damages allow plaintiffs to seek legal remedies for wrongs in such cases. Courts may award nominal damages to plaintiffs in order to show that they are in the right and would have recovered monetary damages if any financial losses had resulted. In cases in which the defendants' behavior was especially egregious, a nominal damages award also opens the door for the courts to award punitive damages that are designed to punish the defendants and to serve as deterrents to others.
While Swift did not suffer financial harm in the incident, she stated that she decided to file her countersuit in order to give a voice to other women who have been victims of similar incidents of sexual assault. Swift wants sexual assault victims to feel empowered by her verdict and her case to report their own sexual assaults. Because she is a public figure, Swift believes that her trial and the favorable verdict may help to establish a line about what is unacceptable. This may help others to understand what type of behaviors they should avoid while also helping the victims feel more confident in defending themselves and reporting their assaults.
Many sexual assault incidents are not prosecuted because of the difficulty of overcoming the burden of proof required by the criminal justice system. Civil sexual assault cases have a lower burden of proof, which may allow victims to recover damages and to hold the defendants liable for their wrongful acts even if the defendants are never criminally prosecuted. In some cases, simultaneous criminal and civil cases may proceed separately, and the victim may win in civil court while the defendant may be found not guilty in criminal court. Filing a civil sexual assault case may allow victims to hold their abusers accountable for their wrongs. If you have suffered from a sexual assault, contact an experienced Los Angeles personal injury attorney today to learn more about the rights that you might have.
Swift's case
Swift was scheduled to hold a concert in Denver, Colorado in June 2013. Before the concert, she attended a meet-and-greet event and posed for pictures with some of the attendees, including the radio disc jockey and his girlfriend. When the photo was taken, Swift alleged that the disc jockey reached under the back of her skirt and fondled her buttocks. The photo shows his arm and hand obscured behind her back somewhere below her waist, but it does not show the actual groping. Swift reported the incident to her own team and to her mother immediately after it happened. Her management company contacted the DJ's bosses, and he was subsequently fired two days later. He filed a lawsuit against Swift, her mother and her radio promotions director in 2015, alleging defamation and tortious interference with his employment contract. Swift countersued for sexual assault and sought nominal damages of $1.
The judge dismissed the DJ's defamation claim against Swift in May 2017. He subsequently dismissed Swift from the DJ's lawsuit as a defendant during the trial, finding that there was not enough evidence that she had acted improperly. The jury found both Swift's mother and her promotions director not guilty of tortious interference and returned a verdict in Swift's favor on her countersuit.
Why people seek nominal damages
In order to prove that a wrong occurred and to have a jury or a judge decide a controversy, plaintiffs must show that they were harmed. In some cases, plaintiffs may have suffered very minimal or no financial losses but still want to obtain a court judgment that the wrong did happen. Nominal damages allow plaintiffs to seek legal remedies for wrongs in such cases. Courts may award nominal damages to plaintiffs in order to show that they are in the right and would have recovered monetary damages if any financial losses had resulted. In cases in which the defendants' behavior was especially egregious, a nominal damages award also opens the door for the courts to award punitive damages that are designed to punish the defendants and to serve as deterrents to others.
Why Swift sought nominal damages
While Swift did not suffer financial harm in the incident, she stated that she decided to file her countersuit in order to give a voice to other women who have been victims of similar incidents of sexual assault. Swift wants sexual assault victims to feel empowered by her verdict and her case to report their own sexual assaults. Because she is a public figure, Swift believes that her trial and the favorable verdict may help to establish a line about what is unacceptable. This may help others to understand what type of behaviors they should avoid while also helping the victims feel more confident in defending themselves and reporting their assaults.
Contact an experienced lawyer
Many sexual assault incidents are not prosecuted because of the difficulty of overcoming the burden of proof required by the criminal justice system. Civil sexual assault cases have a lower burden of proof, which may allow victims to recover damages and to hold the defendants liable for their wrongful acts even if the defendants are never criminally prosecuted. In some cases, simultaneous criminal and civil cases may proceed separately, and the victim may win in civil court while the defendant may be found not guilty in criminal court. Filing a civil sexual assault case may allow victims to hold their abusers accountable for their wrongs. If you have suffered from a sexual assault, contact an experienced Los Angeles personal injury attorney today to learn more about the rights that you might have.
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