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Lawsuit accuses Cornelius Bennett of sexually assaulting teen in 1992


billsfan1959

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3 hours ago, Hapless Bills Fan said:

 

OK, I'm not a fan of these retrospective lawsuits occurring 29 years after the event.  I don't think they're fair to anyone.  But it's her right to sue Bennett for what [she says] he did.

 

This, though?  Does it say anywhere how she feels the Bills "knew or should have known" about the attack?  Did she report it to police and to the NFL at the time? 

 

What type of supervision is an employer reasonably, under the law, expected to exercise, over an employee who is not at work, at his place of employement, or engaged in an employment-related activity at the time?

 

 

 

 

I just found the lawsuit:

 

https://www.courthousenews.com/wp-content/uploads/2021/08/cornelius-bennett-assault.pdf

 

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45. By turning a blind eye to actual knowledge of Defendant Bennett’s sexual abuse and harassment, by employing Defendant Bennett, by choosing to place Defendant Bennett in a position wherein he could work unsupervised, and by allowing him access to the patrons of their official event, including Plaintiff, Defendants NFL and/or Buffalo Bills caused Plaintiff to be sexually abused. Defendants negligently placed Plaintiff in danger of bodily harm and caused Plaintiff to suffer extreme physical injury and emotional distress as a result.

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46. Defendants NFL and/or Buffalo Bills employed and continued to employ Defendant Bennett despite having reason to know of the potential dangers of sexual assault and battery, thereby subjecting Plaintiff to sexual abuse and harassment at the hands of Defendant Bennett.

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47. By employing Defendant Bennett to work unsupervised, Defendant NFL and/or Buffalo Bills subjected Plaintiff to sexual abuse and harassment at the hands of Defendant Bennett by allowing him to have ready, unfettered access to the patrons of their official event, including Plaintiff with whom to gratify his prurient desires.

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52. Defendant Bennett’s repeated sexual harassment, molestation, and abuse of woman constituted “red flags” that went unheeded and, but for the negligence of Defendants NFL and/or Buffalo Bills, Defendant Bennett’s actions went unchecked as the continued harassment and sexual assault by Bennett.

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54. Defendants, by and through their agents, servants, and/or employees, had actual knowledge, knew, or reasonably should have known of Defendant Bennett’s dangerous and exploitative propensities and/or that Defendant Bennett was an unfit agent because of his sexual deviancy and dangerous nature. Defendants failed to inform law enforcement, social services, or otherwise adequately protect Plaintiff.

 

While I haven't studied the Complaint in depth, in a cursory review I didn't see anything explaining how the NFL or the Bills should have known, or should have had any reasonable belief, that Bennett would engage in that type of behavior, was a danger to anyone. At first I thought it might be based on the other sexual assault allegation; however, that occurred after this assault allegedly occurred.

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1 hour ago, MJS said:

I just find the snap judgements to be pretty silly. I mean, a lot of the posters here, without having any information whatsoever, are jumping to one side or the other, claiming the woman is lying and only after money, or claiming she should be believed.

 

Just have to see how things play out. I'll offer my opinion once I actually have information to base it on.

 

This is pretty much my stance. I'll wait to hear the specific facts before forming any opinion. I do feel that allegations of sexual assult should be taken seriously and looked into. However, I do not feel that the allegation should be automatically believed or automatically dismissed as something other than legitimate.

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2 hours ago, billsfan1959 said:

 

I just found the lawsuit:

 

https://www.courthousenews.com/wp-content/uploads/2021/08/cornelius-bennett-assault.pdf

 

 

While I haven't studied the Complaint in depth, in a cursory review I didn't see anything explaining how the NFL or the Bills should have known, or should have had any reasonable belief, that Bennett would engage in that type of behavior, was a danger to anyone. At first I thought it might be based on the other sexual assault allegation; however, that occurred after this assault allegedly occurred.

 

It doesn't go into detail on how they should have known, but if it was an "official event" as is referred to throughout this then they may not need to have known. 

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18 minutes ago, Captain Caveman said:

 

It doesn't go into detail on how they should have known, but if it was an "official event" as is referred to throughout this then they may not need to have known. 

 

OK, so yeah, the claim is it was an official Bills event, which would make it fair to involve the Bills.

 

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4 PK/D239324/FL3081

17. Approximately five players from the Buffalo Bills, including Defendant Bennett, as well as five cheerleaders from the Buffalo Jills, were present at the Otter Lodge.

18. At all times hereinafter mentioned, the Buffalo Bills and Buffalo Jills were wearing official Buffalo Bills team jerseys and equipment while at the Otter Lodge.

19. Upon information and belief, the Buffalo Bills and Buffalo Jills were visiting the Otter Lodge as an official event hosted by Defendant Buffalo Bills, LLC and/or the NFL.

20. Upon information and belief, the Buffalo Bills and Buffalo Jills’ visit to the Otter Lodge was an extension of their work as agents and/or employees of the Buffalo Bills and/or the NFL.

 

It may even be difficult at this distance in time to determine whether or not the information that it was an official event is correct or not.

 

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2 hours ago, billsfan1959 said:

 

This is pretty much my stance. I'll wait to hear the specific facts before forming any opinion. I do feel that allegations of sexual assult should be taken seriously and looked into. However, I do not feel that the allegation should be automatically believed or automatically dismissed as something other than legitimate.

Generally agree. I would add however it is very difficult for assault victims to come forward so I tend to give them the benefit of the doubt. That said you are presumed innocent until the proof and facts come out.

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2 hours ago, billsfan1959 said:

 

I just found the lawsuit:

 

https://www.courthousenews.com/wp-content/uploads/2021/08/cornelius-bennett-assault.pdf

 

 

While I haven't studied the Complaint in depth, in a cursory review I didn't see anything explaining how the NFL or the Bills should have known, or should have had any reasonable belief, that Bennett would engage in that type of behavior, was a danger to anyone. At first I thought it might be based on the other sexual assault allegation; however, that occurred after this assault allegedly occurred.


You never saw Minority Report??

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3 hours ago, Hapless Bills Fan said:

 

OK, so yeah, the claim is it was an official Bills event, which would make it fair to involve the Bills.

 

 

It may even be difficult at this distance in time to determine whether or not the information that it was an official event is correct or not.

 

 

I do remember that you could hire the Jills to show up at events.  Not sure if the players could be, maybe it was for a sponsor of the team.  

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On 9/3/2021 at 9:06 AM, Just Jack said:

I am not a lawyer, just pretty good at using the Google....

 

New state law extends the statute of limitations for rape in New York

 

 

She may be 10 years too late. 

 

 

 

I thought she had to be well outside the statute of limitations as well.  However, see the last paragraph of the article:

 

"And in February, Cuomo signed into law the Child Victims Act, which allows survivors of child sexual assault to pursue criminal felony charges until they turn 28, and file a civil lawsuit before age 55."

 

She was 17 -- and therefore legally a child -- at the time of the alleged assault.   Thirty years later she is well within the statute of limitations under this law.  billsfan1959 posted the complaint filed on her behalf, and it cites the Child Victim's Act.

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2 minutes ago, Robert James said:

 

I thought she had to be well outside the statute of limitations as well.  However, see the last paragraph of the article:

 

"And in February, Cuomo signed into law the Child Victims Act, which allows survivors of child sexual assault to pursue criminal felony charges until they turn 28, and file a civil lawsuit before age 55."

 

She was 17 -- and therefore legally a child -- at the time of the alleged assault.   Thirty years later she is well within the statute of limitations under this law.  billsfan1959 posted the complaint filed on her behalf, and it cites the Child Victim's Act.

Age of consent in NYS is 17.  Is she still considered a child when she is at or above 17?  

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19 minutes ago, Albany,n.y. said:

Age of consent in NYS is 17.  Is she still considered a child when she is at or above 17?  

 

Yes, for purposes of this law.  See the text below.  However, I find it odd that New York forbids you from buying cigarettes or drinking until you are 21, but sets the age of consent for sexual relations at 17 . . . .

 

"THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as separately amended by chapters 3 and 320 of the laws of 2006, is amended to read as follows: (f) For purposes of a prosecution involving a sexual offense as defined in article one hundred thirty of the penal law, other than a sexual offense delineated in paragraph (a) of subdivision two of this section, committed against a child less than eighteen years of age, ***** in the first, second or third degree as defined in sections 255.27, 255.26 and 255.25 of the penal law committed against a child less than eighteen years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law, the period of limitation shall not begin to run until the child has reached the age of [eighteen] TWENTY-THREE or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier."

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I don't know if this woman is telling the truth or not. There are a lot of reasons it could have taken her 30 years to come forward with it.  Could be she made it up for a money grab.  Could be she was too distressed to come forward any time sooner and maybe she was inspired by people coming forward on the Watson thing.  Could be she was a crackhead all her life, she got clean, and was mentally able to do so.  Could be she just had the courage to now for whatever reason.

 

Many woman don't come forward at all.  There are more reasons for them to not come forward then there are for them to come forward. One of them is because when they come forward they have to re-live a horrible event.  Another is because they often become the person on trial instead of the victim that they are.  For people that don't think that happens it does.  My wife was sexually assaulted multiple times as a teenager and never came forward with it.  I personally know several woman that have been assaulted in some fashion and never came forward with it.  It's way more common than not to just keep it to themselves.

 

I tend to believe the allegation somewhat because why pick Bennett?  Like I honestly didn't even know he was a sexual offender until now.  It's not like someone is going to completely make up a story and then google who would be a good person to sue for it.  I dunno.  Thats just me.

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1 hour ago, Scott7975 said:

I don't know if this woman is telling the truth or not. There are a lot of reasons it could have taken her 30 years to come forward with it.  Could be she made it up for a money grab.  Could be she was too distressed to come forward any time sooner and maybe she was inspired by people coming forward on the Watson thing.  Could be she was a crackhead all her life, she got clean, and was mentally able to do so.  Could be she just had the courage to now for whatever reason.

 

Many woman don't come forward at all.  There are more reasons for them to not come forward then there are for them to come forward. One of them is because when they come forward they have to re-live a horrible event.  Another is because they often become the person on trial instead of the victim that they are.  For people that don't think that happens it does.  My wife was sexually assaulted multiple times as a teenager and never came forward with it.  I personally know several woman that have been assaulted in some fashion and never came forward with it.  It's way more common than not to just keep it to themselves.

 

I tend to believe the allegation somewhat because why pick Bennett?  Like I honestly didn't even know he was a sexual offender until now.  It's not like someone is going to completely make up a story and then google who would be a good person to sue for it.  I dunno.  Thats just me.

 

The Child Sex Victims Act signed into law in Feb 2019 may have had something to do with coming forward now.

 

 

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12 hours ago, Shake_My_Head said:

Interesting that the complaint says the alleged incident took place in 1992 but the bar's Facebook page says that it opened in 1997.   Opps...

 

https://www.facebook.com/OtterLodgeROC/about/?ref=page_internal

 

There was a bar at the same site prior to that owner operating it.

 

If the previous business wasn't known as the "Otter Lodge" there's an error in the filing, but since the business isn't named as a defendant that seems to me like a nit.  Perhaps one of our resident lawyers could comment/correct.

 

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