Gallagher victim files civil suit – QNS.com

Gallagher victim files civil suit

Nearly a year after news broke that former City Councilmember Dennis Gallagher allegedly raped a 52-year-old grandmother in his Middle Village office - shocking constituents and colleagues alike - the victim has filed a civil suit against the married politician.
The woman, who requested anonymity for herself and her husband, served Gallagher with civil court papers on Monday, June 30 alleging that, “as a result of the defendant’s foregoing wanton and willful conduct, the plaintiff sustained physical injuries, extreme physical, emotional and mental distress, embarrassment and mental anguish . . . of a permanent and lasting nature.”
The plaintiff further claims in court papers that she has incurred medical expenses, has been confined to her bed and home, and that she “has been caused to abstain from her normal activities and enjoyment of life.”
She is seeking punitive damages in an unidentified amount.
Calls to the offices of Chiariello & Chiariello - representing the woman - went unanswered as of press time.
Gallagher was arraigned on 10 counts, including rape and sexual assault, in the alleged July 8, 2007 rape. The case was tossed in January 2008 when a judge ruled that prosecutors’ tactics had poisoned the grand jury.
The politician maintained that all sexual relations with the woman were consensual, but on March 17 of this year, he pleaded guilty to forcibly touching her.
Gallagher, red-faced and appearing embarrassed, told the audience packed into the arraignment room that day, “While I was intoxicated, I intentionally and forcibly touched intimate parts of the complainant and subjected her to sexual contact without her consent. My conduct was wrong and I apologize to the complainant.”
It was the first time in Queens history where a rape charge was dropped down to a misdemeanor for a plea, according to Gallagher’s former counsel, Benjamin Brafman.
Gallagher stepped down from office on April 18.
The plaintiff also claims in papers that “the defendant intentionally, unlawfully and illegally detained and falsely imprisoned” her; and that “the assault, battery, rape, forcible touching and false imprisonment . . . were intended by the defendant to cause harm and severe emotional distress.”
Her husband is also a named plaintiff, claiming that he has “lost the services, consortium, companionship and society of his wife, and has incurred medical and other expenses on her behalf.”

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