Adult Survivors Act Lawsuit against Saadi Ouaaz - filed 11/16/2023

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: GINA TRON, -against-

Plaintiff,

VERIFIED COMPLAINT

SAADI OUAAZ, Defendant.

Plaintiff Gina Tron, by her attorneys, Crumiller P.C. and C.A. Goldberg, PLLC, doing business together as the Survivors Law Project, as and for her complaint against defendant Saadi Ouaaz, respectfully alleges as follows, upon information and belief: PRELIMINARY STATEMENT 1.

In October 2010, Saadi Ouaaz lured Gina Tron into his car with the offer of drugs,

kidnapped her, took her to his apartment, forced her to perform oral sex on him, and then raped her. Tron escaped from the apartment, immediately told her friends what happened, and filed a police report two days later. Tron was candid with the police. The police met her statement with skepticism because of her drug use and wrote her off as a “party girl.” But Ouaaz had raped and sexually assaulted two other women, and he was indicted shortly thereafter.

2.

Immediately after the rape, Tron numbed herself through excessive drug use. She

eventually sought help, and went into recovery. Ouaaz’s rape of Tron caused severe, lasting injuries to Tron’s psyche and relationships, the repercussions of which affect Tron to this day.

3.

After two years of delays, in October 2012, Ouaaz’s indictment was overturned on a

technicality. The second time around, many of the witnesses were no longer willing to testify or had moved on. The new grand jury did not indict Ouaaz again. Tron was devastated.

4.

Now, thanks to the Adult Survivors Act, Tron seeks the justice that she has been denied.

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JURISDICTION AND VENUE 5.

Jurisdiction is proper pursuant to CPLR § 301 et seq.

6.

Venue for this action is proper pursuant to CPLR § 503 in that a substantial part of the

events or omissions giving rise to the claim occurred in this County.

THE PARTIES 7.

Gina Tron is a former resident of the State of New York. At present, she is a resident and

domiciliary of the State of Vermont. 1 8.

Saadi Ouaaz is a resident and domiciliary of the State of New York.

FACTUAL BACKGROUND

9.

In early October 2010, Tron met up with her friends from her book club at a bar called

the Fifth Estate in Park Slope, Brooklyn. Tron arrived at the bar around 9 or 10 p.m. and spent most of the evening chatting with her friends, including Kristin Anderson and Kathleen Cholewka, who was also the bartender at the Fifth Estate. Tron opened a bar tab and ordered one or two drinks over the course of the evening.

10.

At the bar, Tron noticed a few people mingling in the book club group who she had not

met before, but she assumed they were either new book club members or friends of friends who were just joining for the afterparty. One of the new faces was that of the defendant. He did not stick out to Tron other than she had never seen him before and he appeared comfortable around her group of friends.

Ouaaz Approaches Tron 11.

Later in the evening, Tron was talking to a friend when Ouaaz approached them. He

introduced himself as “Sam” and asked if they wanted to join him in the bathroom to do cocaine.

Tron’s last name at the time of the incident was “Conn.” She changed her last name to Tron in 2015 as she didn’t want Ouaaz or his attorney to find her on social media.

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Tron, Ouaaz, and her friend went to the bathroom, did a few bumps of cocaine, and then returned to the party.

12.

Shortly after, Tron went outside to smoke a cigarette. Ouaaz came outside and lit his own

cigarette. The two talked casually; there was nothing flirtatious about their conversation on either end.

13.

After finishing their cigarettes, Ouaaz asked Tron if she wanted to come to his car with

him to do more cocaine. Tron hesitated; she asked Ouaaz why they could not just go back inside the bar and do it together there. Ouazz responded that it would be “faster” to do it in his car than to wait on the bathroom line to get into the bathroom at the bar. Tron was a bit nervous, but Ouaaz’s car was parked right in front of the bar and in plain view of the large window, so she told herself that she would be able to get out of the car if something went awry. They walked to his car, and Tron got in it with him.

14.

As soon as they got in the car, Ouaaz locked the doors and began driving. Tron’s heart

began racing. She repeatedly asked Ouaaz where they were going, and he replied “just a few blocks away” to do cocaine. Tron asked him to turn around and go back to the bar; her friends were waiting for her, and her wallet, credit card and jacket were still there.

15.

Though she was growing increasingly worried, Tron attempted to appear calm. She

remembered her mother’s advice for unpredictable situations with men: do not show alarm, keep calm, and do not make them angrier. Ouaaz agreed to turn around, but he never changed course.

Tron continued, as calmly as she could, to ask where they were going and to beg him to turn around. Eventually, Ouaaz stopped responding, and just drove.

16.

Tron was certain that he was going to murder her. She texted Anderson, “[g]ot in car with

that Sam guy. He won’t turn back.” Throughout the ride, Tron continued frantically texting

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Anderson as discreetly as she could. Finally, they pulled up to the curb outside Ouaaz’s Sunset Park apartment. Tron quickly scanned the street and texted Anderson the address of the closest visible building along with “help.” The street was dark and unpopulated, and she was afraid that if she ran or resisted, he might immediately hurt her.

Ouaaz Forces Tron to Perform Oral Sex and Violently Rapes Her 17.

When the two walked into Ouaaz’s apartment, Tron was struck by the strange scene.

There was at least one computer monitor in the main room displaying graphic pornography that had clearly been playing since before they entered. The apartment was otherwise spotless with what appeared to be expensive furniture and art. Tron attempted to diffuse the situation and rehumanize herself by starting casual conversation. She remarked that Ouaaz’s apartment was very clean. He replied, intensely, “Gotta be clean. Can’t live like an animal” and then repeated himself.

18.

Ouaaz brought Tron to sit on the couch in the living room. Tron bluffed and told him that

she had texted her friends, and they would be there to pick her up soon. Ouaaz maintained a blank expression and ignored Tron; when she looked at him it seemed as though her words were not registering.

19.

Suddenly, Ouaaz unzipped his pants and pulled out his penis. He poured cocaine on top

of it and instructed Tron to snort it. Tron was disgusted and appalled at his request. She refused, and told him she wasn’t interested in doing any more drugs that night; she just wanted to go back to the bar. She even pulled out all of the cash she had in her pocket and offered to pay him back for the cocaine she had done with him earlier at the bar. She said, “please let me go and you can have all this cash.”

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Ouaaz was not interested in negotiating. He grabbed Tron’s hair and forced her head

down with both of his hands towards his penis and repeated his demand. This time, terrified of what he might do next, Tron complied.

21.

He then commanded her to perform oral sex on him. She again refused, and he pulled her

hair and began yelling at her, calling her a “whore,” and repeatedly threatening her with violence.

He threatened to kill her if she did not obey; she reluctantly performed oral sex on him. While she did this, Tron noticed a tattoo above his groin that read “666” in ominous, large, black lettering, along with several other demonic tattoos, which terrified her further.

22.

Then, Ouaaz commanded Tron to stand up, and she stood in front of him. He put his

hands up her dress and pulled down her underwear. She told him she “absolutely” did not want to have sex, pleaded with him again to stop and take her back to the bar, or let her leave. Ouaaz ignored her and with both hands pulled her down onto the couch atop him. She fought, but he was stronger. He continued yelling at her, calling her a “whore” and a “slut.”

23.

When it became clear that she was about to be raped, Tron begged Ouaaz to at least use a

condom. He ignored her again. Still on the couch, Ouaaz forced Tron’s body underneath his own and forcibly inserted his penis into her vagina. Tron froze and begged him to stop as he held her down. While raping Tron, Ouaaz slapped and punched her body, pulled her hair, and continued yelling obscenities at her.

24.

After ejaculating inside Tron’s vagina, Ouaaz stood up and walked to the bathroom. Tron

was still in shock and afraid to run. She worried that if she did not escape immediately, Ouaaz would continue to rape her, or worse. Once she was sure he was out of the room, she ran out of the apartment, down the stairs, out of the building, and to the nearest main street – 3rd or 4th Avenue. She managed to hail a taxi but realized she had no money—her wallet was still at the

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bar, and she had left all her cash on Ouaaz’s coffee table. Tron was so visibly panicked and disoriented in the taxi that the driver told her not to worry about paying and let her out at the bar.

25.

Tron returned to her friends, Anderson and Cholewka, and at once told them about the

rape and preceding incidents. While they were listening to her story and comforting her, Tron saw Ouaaz walk back into the bar. She fled and locked herself in the bar’s bathroom. Later, Anderson and Cholewka told her that, while Tron was in the bathroom, Ouaaz was yelling “I need to talk to that girl! I like that girl!” referring to Tron, over and over, and Cholewka kicked him out of the bar.

26.

That night, all three women spent the night at Cholewka’s apartment, as Tron was afraid

to go home alone.

Tron Reports the Rape to the Police 27.

Tron felt apprehensive about reporting the rape to the police. Like many survivors of

sexual assault, she worried that her drug use prior to the rape would compromise her credibility.

However, with encouragement from her friends, Tron filed a police report two days after the rape transpired. A friend accompanied her to a police station in Williamsburg, where she informed the police of what happened.

28.

The police officers at the precinct sent Tron in an ambulance to a hospital in Manhattan

for a sexual assault medical forensic exam – or “rape kit.” Given that 24 hours had passed and Tron had showered and changed clothes since the assault, they were unable to gather DNA evidence from the rape kit. Tron was still sore around her neck and torso from the rape. The doctor prescribed Tron an emergency contraceptive pill and several other medications to treat any potential sexually transmitted infections.

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NYPD Special Victims Unit detectives met Tron at the hospital and brought her into a

private room to interview her. Tron was forthcoming and honest, including as many details as she could recall and disclosing that she had taken drugs that night. It was clear to Tron that the interviewing detectives viewed her with suspicion. As she expected, they flagged her drug use as a potential issue in her case. One of the detectives even asked her whether she was a “party girl.”

30.

After concluding the interview, the detectives informed Tron that she could come to the

station on another day to look through a book of potential suspects. Tron went to the police station later that week and flipped through mugshots for several hours but did not find a match for Ouaaz.

31.

Less than a week later, a different detective called Tron and told her that the physical

description and approximate address she had provided matched a suspect who had been connected to the recent sexual assaults of two other women in Brooklyn. They asked her to come down to the station to see if she could identify her rapist in a lineup. Tron obliged, and positively identified Ouaaz as her rapist.

Tron’s Case Goes Before a Grand Jury Twice 32.

Ouaaz was charged with all three sexual assaults, and Tron and one of the other women

agreed to testify before a grand jury. 2 In October 2010, Ouaaz was indicted on two counts of rape in the first degree.

33.

In February or March of 2012, Tron received a call from a Kings County Assistant

District Attorney. The ADA notified Tron that Ouaaz’s 2010 indictment had been overturned.

According to the ADA, Ouaaz’s lawyer had successfully argued that Ouaaz was not given enough time to prepare a sufficient defense ahead of the grand jury proceedings.

2

The third victim chose not to testify.

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After two years of delay, the other woman who had testified against Ouaaz was no longer

willing to do so. The ADA asked Tron to contact Anderson and Cholewka, her outcry witnesses, to assess their willingness to testify. Anderson agreed to testify, but Cholewka declined.

35.

Tron now felt discouraged, and surmised that, like the detectives at her initial police

interview, the ADA viewed her case with skepticism.

36.

In mid-March 2012, a new grand jury heard Tron’s, Anderson’s, and Ouaaz’s testimony.

This new grand jury failed to indict Ouaaz on the charge of Tron’s rape.

37.

Upon hearing this news, Tron was re-traumatized and devastated. She struggled to

process what had happened. She had been grappling with the aftermath of being raped for two years and mentally preparing for a trial that she now learned would never happen.

Tron’s Emotional Damages 38.

Ouaaz’s rape of Tron has caused severe and ongoing harm to Tron’s mental health,

quality of life, and personal relationships.

39.

To cope in the immediate aftermath of the rape, her drug use increased substantially; she

began doing drugs alone, most days of the week, multiple times a day.

40.

Within a month after the rape, she checked herself into a detox program for six days.

41.

Soon after the detox program, Tron checked herself into a dual-diagnosis psychiatric

ward for five days of intensive treatment. 3 42.

After leaving the psychiatric ward, Tron received a diagnosis of post-traumatic stress

disorder and began a year-long course of specialized therapy to address her trauma.

43.

Tron has seen several therapists over the last twelve years and continues to see a therapist

to address the trauma that the rape caused her.

Dual-diagnosis refers to patients who simultaneously suffer from a mental health disorder(s) and a substance abuse disorder.

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The rape also damaged her relationships with her friends and family. Tron’s sudden and

intense struggles with her mental health and the demands placed on her time and energy due to the criminal case caused distance between Tron and her friends. Tron’s father and brother struggled to empathize with her following the rape, and her relationship with them has never fully recovered.

45.

For years, Tron also struggled with an intense fear of men and dating and found it nearly

impossible to trust them.

POINT OF LAW: Adult Survivors Act 46.

The Adult Survivors Act, CPLR § 214-j (“ASA”), revives every civil claim alleging

intentional or negligent acts or omissions by a person for psychological injury suffered due to a sexual offense as defined in article 130 of the penal law, committed against someone age 18 or older, even if the applicable period of limitation has expired.

47.

Ouaaz’s actions are qualifying offenses under the ASA as they constitute sexual offenses

as defined in Article 130 of the New York Penal Law, including but not limited to sexual abuse in the first degree (§ 130.65), sexual abuse in the third degree (§ 130.55), sexual misconduct (§ 130.20), and forcible touching (§ 130.52) 48.

Tron’s claims are not subject to dismissal on the grounds that they are time-barred.

FIRST CAUSE OF ACTION: NYC Victims of Gender-Motivated Violence Protection Act

49.

Tron repeats and realleges all facts set forth above.

50.

Ouaaz’s sexual assault and battery of Tron constitutes a “crime of violence motivated by

gender” against Tron as defined by the NYC Victims of Gender-Motivated Violence Protection Law, NYC Admin Code § 10-1103 (“GMVA”).

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As a result of Ouaaz’s sexual assault and battery of her, Tron has suffered emotional and

psychological distress, physical injury, mental anguish, loss of enjoyment of life, humiliation, embarrassment, pain and suffering, and economic damages.

52.

Tron is entitled to an award of compensatory damages, punitive damages, attorney’s fees,

and costs.

SECOND CAUSE OF ACTION: Sexual Assault and Battery 53.

Tron repeats and realleges all facts set forth above.

54.

Ouaaz intentionally, and without her consent, attacked Tron to satisfy his own sexual

desires. Ouaaz’s physical contact with Tron was offensive and harmful.

55.

As a result, Tron has suffered emotional and psychological distress, physical injury,

mental anguish, loss of enjoyment of life, humiliation, embarrassment, pain and suffering, and economic damages.

56.

In addition to being intentional and deliberate, Ouaaz’s sexual assault and battery has the

character of outrage associated with crime, entitling Tron to an award of punitive damages.

57.

Tron is entitled to an award of compensatory damages, punitive damages, and costs.

THIRD CAUSE OF ACTION: False Imprisonment

58.

Tron repeats and realleges all facts set forth above.

59.

Ouaaz intentionally, deliberately, unlawfully, and falsely imprisoned Tron in his car and

in his apartment.

60.

Tron did not consent to this confinement, which was not otherwise privileged.

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As a result, Tron has suffered emotional and psychological distress, physical injury,

mental anguish, loss of enjoyment of life, humiliation, embarrassment, pain and suffering, and economic damages.

62.

Ouaaz’s unlawful imprisonment of Tron has the character of outrage associated with

crime, entitling Tron to an award of punitive damages.

63.

Tron is entitled to an award of compensatory damages, punitive damages, and costs.

DEMAND FOR RELIEF WHEREFORE, Tron respectfully requests that this Court enter judgment in her favor as

against Ouaaz, in an amount to be determined by the trier of fact: a) on the First Cause of Action, awarding compensatory damages, punitive damages, attorney’s fees, and costs; b) on the Second and Third Causes of Action, awarding compensatory damages, punitive damages, and costs; and c) granting such other relief as may be just.

Dated:

Brooklyn, New York November 16, 2023

Respectfully submitted, _____________________ Julia Elmaleh-Sachs Crumiller P.C. julia@crumiller.com Carrie Goldberg C.A. Goldberg, PLLC carrie@cagoldberglaw.com Together, d/b/a Survivors Law Project 16 Court St, Ste 2500 Brooklyn, NY 11241 (877) 757-9467 Attorneys for Tron

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