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Connecticut Superior Court Rejects Assumption of Risk Defense

A Connecticut Superior Court judge has rejected a defendant’s attempt to claim that a sex assault victim “assumed the risk” of her assault by five males at a New Year’s Eve party. In the case of Doe v. Roe, the victim of a sexual assault sued five perpetrators for civil damages claiming she was restrained, sexually assaulted and photographed against her will.  One of the five defendants filed a “special defense” in court arguing that the victim’s claim for damages should be barred, in whole or in part, because she “assumed the risk” of the assault.  The judge rejected the defense and granted the plaintiff’s motion to strike the defense from the case.

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