Tuesday, March 19, 2013

PA - Family of girl sexually abused by neighbor sue to force him to BUY their home?

Original Article

Surely this will be thrown out? So I guess he must purchase all the homes in the neighborhood where he lives? Come on, this is just insane!

03/17/2013

By HELEN POW

The family of a young girl sexually abused by a neighbor two years ago is trying to make her attacker buy their home, in a groundbreaking lawsuit.

The couple, from Upper Milford Township in Pennsylvania, want to get away from [name withheld] but they claim his presence in the neighborhood has made their property impossible to sell.

In the first suit of its kind, the unnamed couple are asking a judge to force the 65-year-old, his wife and his mother to buy their residence, at a cost of $235,000, and pay for them to move.

In addition, the family is going after damages for the child's pain and suffering caused by the 2011 molestation.

[name withheld] was sentenced to almost two years in jail after he pleaded guilty to indecently assaulting the child. Investigators said he lured the victim into his basement by telling her he wanted to show her a bear's head mounted on the wall. After telling the girl to feel the bear, he made her take off her clothes then assaulted her.

The child's father found out and called police. The family allege [name withheld] assaulted their daughter, who he used to take on drives, play games and give candy and sweets to, multiple times between 2009 and 2011.

After [name withheld] was released from prison, he resumed his old address, but the victim's family claim in the lawsuit that they're 'under duress' to move house now he's back living in the neighborhood.

Legal experts say this is the first time a lawsuit has attempted to force a defendant to buy a home, and many believe a judge wouldn't even have the power grant such a request.

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2 comments :

kikipt said...

Of course there would be no de-valuation of their property if it weren't
for the fact that the registry announces to the world where this guy
lives. Why aren't they suing the state? If someone broke into their house and were now released from jail, would they be considering the same actions?

Mark said...

Please bear in mind, that this took an attorney to put this together as a suit. And in my 18 years legal experience, he smells $$$$$. As to the suit, the family of the victim may prevail on the emotional distress issue for the girl since she is incapable at her age to bring suit so it is done legally "by-proxy." But to have the defendant buy the house because of property devaluation? One never knows what lurks in the hearts of people until the $$$$ comes up.