Legal Question in Sexual Harassment in New York

sexual abuse allegation

In 1995 I coached a summer soccer team that traveled to europe. An 18

year

old player (a HS senior), who shared a double bed with me (I was 37)

with

2 others in the next bed (we were in Europe and didn\'t have proper

reservations and short money so we had to squeeze in, a choice I wish

I

would have thought more of then) said I tried to touch him while he

was

sleeping, he jumped up screaming, etc although nobody else heard. He

stayed in very, very close to me and in contact with me over the

years

until last year. He played for me in college for 3 years and used me

for

job references. Then he stopped talking to me. He sent me an e-mail

saying

he has been going to therapy since 9/11 and this came up. He said he

is

ashamed and sick over what \''happened\'' and he can never face anyone

from

those days because of it. Then he said with everything in the papers

and

on the news everyday it makes him think.

Can he cause me any problems with his allegations if he tries to

pursue

some kind of law suit of persecution/prosecution of me or attack my

character? What would be my response?

Am I at any risk? Thank you


Asked on 11/27/05, 12:09 pm

2 Answers from Attorneys
Peter Moulinos Moulinos & Associates LLC

Re: sexual abuse allegation

It is unfortunate that you would have to face something like this 10 years later. While proving such a charge would be difficult, the mere fact that an allegation like that would be made can cause problems with employers and family and, in my opinion, shouldn't be taken for granted. There is a balancing act in dealing with this. You don't want to fire off an attorney's letter because the other party may feel like you are taking it serious enough and there may be a basis to bring the claim in the open. On the other hand, you also don't want to let claims like this dangle out there and gain momentum.

In such an instance, I would want to meet with you to discuss the history between you and the other party, as well as your current positions, to formulate a strategy to adequately address this. Please feel free to contact me on Monday if you'd like to do so.

Kind regards,

Peter Moulinos

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Answered on 11/27/05, 2:28 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: sexual abuse allegation

I would hope nothing does ever come of it. If he tries to sue you the Statute of Limitations would have run.

However, if he reports you to anyone, you would be able to sue him for defamation. This would be your

opportunity to see what he "remembers" and you also would have witnesses, (the other people in the bed) to support your case.

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Answered on 11/27/05, 2:38 pm


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