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November 9, 2009

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Baton Rouge casino told to pay rape victim

Thursday, Jan. 27, 2000 | 9:53 a.m.

The woman was attacked as she was getting into her car to leave work about 6:45 p.m. on Feb. 9, 1998. No one has been charged in the crime.

The rape happened in the employee parking lot.

In a written judgment issued Wednesday, state District Judge Kay Bates said the casino's security was so inadequate that the attacker was able to calmly walk to his car and drive away after raping the woman.

A guard tower overlooks the parking lot and security guards are supposed to patrol the area.

But on the night of the rape, the judge said, the tower was not manned and there were no patrols because the casino was short on staff. Employees apparently were not told that normal security was not in effect, the judgment said.

The casino had a duty to protect against criminal misconduct, Bates said, and on the night of the rape the casino breached that duty.

Bates awarded the victim $700,000 in general damages, $79,954 for medical care and $180,210 for past and future lost wages.

The victim has flashbacks, severe nightmares, concentration problems and suffers from depression, Bates said.

The woman's attorney, Lewis Unglesby, said she worked at the casino for two years, but can no longer work.

He said he hopes the judgment will end the case. "I assume Casino Rouge will accept the court judgment as good citizens and pay it without putting the victim through further delay (by appealing)," he said.

Joseph Brantley, general counsel for the casino, argued that the rape was so unforeseeable that it couldn't have been prevented.

The casino has adequate security and a capable security team, he said.

Brantley said the casino engaged in settlement discussions with the victim but the two sides could not agree. He said the casino has paid the victim's medical bills.

"Although we have had and still have the utmost respect for the victim and the utmost respect for the court, we're disappointed by the decision and are evaluating whether an appeal will be taken," Brantley said.

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