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ROSANNE SLINEY vs. DOMENIC A. PREVITE, JR., & others.

Massachusetts Supreme Judicial Court
December 9, 2015

http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/11844.pdf

[with pdf]

[excerpt]

We recite here the facts alleged in Sliney's complaint and for purposes of this appeal we assume the facts to be true.

Jarosz v. Palmer, 436 Mass. 526, 529-530 (2002) (motion for judgment on pleadings filed by defendant is essentially motion to dismiss). From the time she was five years old in 1968 until she was fourteen years old in 1977, Sliney was sexually abused many times by Previte, her uncle. She required psychiatric treatment to deal with issues related to the abuse, and was hospitalized on numerous occasions for the same reason, beginning when she was approximately twenty-four years old.

Sliney began to recall some of the abuse by Previte beginning in 1988, and confided in her relatives. Thereafter, Previte wrote a letter of apology to Sliney and asked for her forgiveness. Sliney was under family pressure to forgive Previte, and in March of 1991, Sliney was coerced into signing a document that purportedly released Previte from all claims in exchange for a payment of $26,500; Sliney's mental state was such at the time that she did not understand the nature of this document. Thereafter, she continued to require mental health hospitalizations. At some point in 2011, Sliney began to recall new, different memories that Previte, in addition to committing acts of sexual abuse himself, had forced her to engage in sexual acts with other men who were unknown to her.




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