Marilyn Manson’s Ex-Assistant Wins Appeal, Can Sue for ‘Horrific’ Sexual Harassment and Assault 

By Nancy Dillon/ Rolling Stone

“This is a great victory for all survivors as it provides a clear path for issues of repressed memories,” Ashley Walters’ lawyer says.

THE FORMER ASSISTANT who claims Marilyn Manson sexually assaulted her, whipped her and threw her against a wall during a drug-induced rage won a critical appeal ruling Wednesday that revives her previously dismissed lawsuit against the shock rocker.

Ashley Walters initially sued Manson, whose legal name is Brian Warner, with claims of sexual assault, sexual harassment, and sex discrimination in May 2021. She argued that while the alleged abuse took place during a “horrific” year of employment that ended in 2011, the typical two-year statute of limitations didn’t apply because she had suppressed her memories until 2020. She said the “delayed discovery” rule, which postpones the starting clock for statutes of limitations in cases where victims bury painful memories, had extended her window to file. She further alleged Warner used threatening behavior to ensure her silence.

A trial court judge considered her argument but ultimately tossed her case in May 2022, ruling she “failed to plead facts to invoke the delayed discovery rule.” Walters appealed, and a tribunal with California’s Second Appellate District sided with her Wednesday, reversing the lower court ruling and sending the case back to the judge for trial.

“Walters’s allegations of delayed discovery were sufficient to withstand demurrer, and we reverse,” the judges wrote in their ruling. They noted that while Warner’s defense team argued her allegations were “too memorable and happened too many times for her to have remembered none of it,” the court wasn’t supposed to concern itself with her ability to prove her claims at this stage of her case, only that she asserted them properly.

“This is a great victory for all survivors as it provides a clear path for issues of repressed memories and delayed discovery in these types of cases. I think the court is very firm in articulating a very clear decision as to why survivors have repressed memories and why that should be relevant when they come forward later in life to bring those claims,” Walters’s lawyer, James Vagnini, tells Rolling Stone. He noted that Warner’s camp also was ordered to pay the appellate costs as well. “We think that sends a message,” he says. Warner’s lawyers did not immediately respond to a request for comment.

In court filings, Walters alleged Warner forced her hand into his underwear, whipped her, threw dishes at her, pushed her into a wall, broke down doors to get to her, charged at her and forced her to stay awake for 48 hours straight, one time requiring her to stand on a chair for 12 hours.

Warner, 54, has denied Walters’ allegations and similar claims of abuse from more than a dozen women. In September, he reached a private settlement with a Jane Doe accuser who alleged he brutally raped her in 2011. Doe further claimed Warner deprived her of food and sleep during their abusive dating relationship and that he threatened to “bash her head in” if she reported him. That deal followed after Warner reached a separate settlement with Game of Thrones star Esmé Bianco in January. Bianco had alleged Warner raped and battered her.

Former accuser Ashley Morgan Smithline let her lawsuit end in default in January and formally recanted her allegations against Warner. A second Jane Doe sued Warner in January for sexual assault.

Read the article from Rolling Stone here.

Q&A: Attorney Sara Wyn Kane on Tough Sexual Assault Cases and New York’s Lookback Window

By Sara Hammel/The Landing

As one of Delta Captain Andrea Ratfield’s attorneys, Sara Wyn Kane of Valli Kane & Vagnini LLP is familiar with the specific and unique way airlines operate when it comes to sexual assault and harassment cases.

Her bio highlights her vast experience and professional accolades and explains, “Sara has devoted over twenty (20) years of her legal career fighting for her clients’ Civil Rights and against all varieties of employment discrimination (race, gender, age, disability, national origin, sexual orientation, and religion), sexual harassment/hostile work environment claims, wage and hour disputes and qui tams/whistleblower claims.”

A big thank you to Sara for giving her time to answer my questions and help victims of assault (all emphasis mine):

Q: I’ve seen a bunch of cases in the New York papers in the past year, including some high-profile lawsuits, taking advantage of the lookback window that ends very soon. (For example, a woman just filed a lawsuit against Bill Cosby alleging he drugged and raped her in the 1970s; she’s also suing the organizations her lawyer says “not only provided a platform for Mr. Cosby to showcase his fame and fortune to lure in women, but then put their own profits over the safety of their female guests by turning a blind eye to Mr. Cosby’s alleged sexual assaults on women”).

A: We have received many calls from individuals looking to assert their rights under the statute. We currently represent a woman against a well-known radio personality/author. She was allegedly assaulted many many years ago and had been prohibited from bringing her claims due to the statute of limitations. She is relieved to have an avenue by which to attempt to pursue them now. 

Q: What are some of the challenges in finding evidence and making a case for assaults that could be in the distant past, such as gathering old police reports and talking to witnesses? Should these potential roadblocks deter anyone from seeking legal advice about their assaults?

A: Certainly you have identified some of the potential obstacles to pursing older cases. Often, however, when someone has been the victim of an assault, they may have discussed it with a friend, family member, counselor and/or written in a journal—some type of contemporaneous confirmation of what transpired. Also, if someone does have the strength and courage to come forward many years later, it is likely that what took place is ingrained in their memories.

These cases are generally difficult regardless of whether they are brought soon thereafter or years later, but that does not mean it is not worth the effort. If nothing else, we strongly believe that the likelihood of success should NEVER deter anyone from seeking legal advice. Learning what your rights are is only a benefit, never detrimental. Being armed with knowledge is empowering—even if you choose not to act on it, we always encourage people to reach out and learn what options you may or may not have and to garner a better understanding of your legal rights.

Read the full Q&A from The Landing here.

Rape Trauma Syndrome and Common Rape Myths

{5 minutes to read}  In January, former Hollywood movie producer Harvey Weinstein faced trial in New York Supreme Court. Weinstein, who has been accused of sexual assault and harassment by at least 80 women in the past few years, faced several charges including rape, sexual abuse, sexual misconduct, and predatory sexual assault. Ultimately, the jury returned a guilty verdict on two charges — criminal sex act in the first degree and rape in the third degree. Weinstein was acquitted of predatory sexual assault and first degree rape. Currently awaiting sentencing, he faces a minimum sentence of five years and a maximum sentence of 25 years.

As a central part of their strategy, Weinstein’s defense team argued that several of his accusers continued to remain in contact with him well after their alleged attacks. The defense pointed to “friendly communications” between Weinstein and the women, business meetings, continued employment, and even trips. This tactic was an effort to discredit the victims, and convince the jury that his encounters with his accusers were, in fact, consensual sexual relationships. However, expert testimony from psychiatrists in the field can shed light into the complex coping mechanisms of sexual assault victims that counter such a strategy.

There are many commonly believed notions regarding the behaviors of rape and sexual assault victims following an attack. However, the truth is that the reactions of victims can manifest in ways which often seem atypical to those looking from the outside in. These presupposed “rape myths” perpetuate false beliefs, namely that victims distance themselves from their attackers following an assault, and that victims report the attack to law enforcement officials. Expert testimony can be used to educate the jury on rape trauma syndrome and common rape myths.

Rape trauma syndrome (RTS) is a post-traumatic stress disorder — specifically related to sexual assault — that is accompanied by certain physical or psychological responses. Most victims of rape and sexual assault experience some form of RTS. Courts have regularly held that properly admitted expert testimony can be used to provide an explanation for victim behavior which is inconsistent with a claim of rape. Expert testimony on RTS can help the jury in resolving frequent misconceptions that often stem from social attitudes regarding sexual assault, consent, and culpability.

Reporting the Attack

In the Weinstein case, the prosecution called on Dr. Barbara Ziv, a forensic psychiatrist, to testify on rape myths and explain the complexities of rape trauma to the jury. Dr. Ziv testified that it is “very rare” for victims to immediately disclose incidents of assault to those around them and even less common for victims to report the assault to law enforcement, especially when they have been assaulted by someone they actually know. 

Similar to Dr. Ziv, experts in the field explain that it is common for victims to decide not to report attacks to the police in an effort to move past their experience. Survivors tend to feel re-victimized by the criminal justice system and decide to cope in other ways. 

Additionally, statistics show that reporting is far less likely when a victim has an established relationship with the offender — whether they are intimate partners, former intimate partners, friends, or acquaintances. 

Reasons victims decide not to report incidents of sexual assault include: 

•Shame,

•Fear of a lack of evidence,

•Belief the attack was a personal matter, and

•Uncertainty of the offender’s intent.

Distancing From the Attacker

Dr. Ziv also provided testimony on victims distancing themselves from their attackers — another classic rape myth. In response to their assault, a victim may decide to continue their relationship with the offender in an effort to regain control after an attack. Victims may also try to convince themselves an encounter was consensual by maintaining the status quo with their offender. This form of deflection helps victims to cope with the serious trauma they suffered at the hand of their offender and is their attempt to maintain normalcy.

In the Weinstein case, Dr. Ziv explained that the reasons for continuing communication with an offender can be complex. A victim may be fearful of losing out on job opportunities and ruining their reputation, and decide to put their experience “in a box.” These fears, coupled with threats from their offender, lead victims to deny their experiences and stay involved with offenders even after being assaulted.

James A. Vagnini
Partner
email: [email protected]