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Boston Transit Rape

UPDATE 6/18/2008

Denise Denham attended a work event on the evening of November 16, 2004. While attempting to get home that evening, she inadvertently boarded the wrong commuter train. The conductor on duty knew Ms. Denham was heavily intoxicated because she fell several times in his presence and she continuously went in and out of consciousness on the train. However, instead of helping her, the conductor brought Ms. Denham into a closed off car on the train where he sexually assault her. During the discovery phase of the case, it was revealed that the defendant had several prior complaints filed against him by female co-workers and passengers for making inappropriate sexual comments to them. The plaintiff has filed suit against the defendant who sexually assaulted her, his employer the Massachusetts Bay Transportation Authority and the company who supervised his employer, the Massachusetts Bay Commuter Railroad, LLC.

Currently, the discovery phase of the case has ended. All three of the defendants have served Summary Judgment motions on the Plaintiff and the Plaintiff has responded. The Plaintiff is confident that Defendants Summary Judgment Motions will all be denied. The Plaintiff wants her case to go before a jury and is confident a jury will find that the defendant raped her. This case should go to a jury and should not be decided by a judge in the Summary Judgment phase. The issue of whether the Plaintiff was raped is an issue of fact. Like all issues of fact, the central question as to whether or not the Plaintiff was raped is one that should not be subject to judicial determination.

UPDATE 2/20/08

Denise Denham attended a work event on the evening of November 16, 2004. While attempting to get home that evening, she inadvertently boarded the wrong commuter train. The conductor on duty knew Ms. Denham was heavily intoxicated because she fell several times in his presence and she continuously went in and out of consciousness on the train. However, instead of helping her, the conductor brought Ms. Denham into a closed off car on the train where he sexually assault her. During the discovery phase of the case, it was revealed that the defendant had several prior complaints filed against him by female co-workers and passengers for making inappropriate sexual comments to them. The plaintiff has filed suit against the defendant who sexually assaulted her, his employer the Massachusetts Bay Transportation Authority and the company who supervised his employer, the Massachusetts Bay Commuter Railroad, LLC.

Currently, the discovery phase of the case has ended. All 3 of the defendants have served Summary Judgment motions on the Plaintiff. We are in the process of responding to the summary judgment motions, and thereafter the court will set a date to hear oral arguments.

UPDATE 12/1/07

We have two upcoming depositions scheduled in the rape transit case. We are continuing the deposition of Dr. Alicia Powell. Dr. Powell was Ms. Denham’s psychiatrist while she resided in Massachusetts and also after the rape occurred. The other deposition scheduled is a woman whom the defendant may have also assaulted on the train while he was an employee. The defense has stated an interest in re-deposing Ms. Denham. However, we have not seen a formal notice of deposition to date. Discovery for the case ends January 4, 2008. At that time, we anticipate the defense to submit three summary judgment motions.

OVERVIEW
On November 16, 2004 a 32-year old woman attended a mandatory work, social event. Being someone who normally does not drink, peer pressure caused her to consumed four glasses of wine. Upon leaving the event to go home, she also took Ambien, Xanax and an anti-depressant). With the combination of alcohol and the medications, she got on the wrong commuter train.

The train’s conductor allegedly noticed she had boarded the wrong train, but allowed her to continue riding the train to the end of its line, even though she could have disembarked and boarded the correct train. On the return trip back to Boston, she was sexually assaulted by one this conductor; after his on-board supervisor agreed to cover his absence. He later stated that he knew she was “heavily intoxicated.” In fact, according to the conductor, the woman fell to the ground at least four times and lifted up her shirt in front of other passengers and workers of the train. It was after this supposed exhibition, the conductor attacked and raped this woman.

The conductor in question has several “informal” complaints filed by passengers, on file with his employer – the Massachusetts Bay Commuter Railroad Company (MBRC), complaining of sexually inappropriate behavior. Today, the woman does not remember most of that night’s events and suffers from flashbacks. She suffers from severe depression, has been diagnosed with post-dramatic stress syndrome and has undergone electric shock therapy. The conductor began his employment with the MBCR in 2003 when the company acquired the line and employees from Amtrak. During and after the acquisition, the MBCR did not perform background checks or reference checks on the incoming employees.
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