In what circumstances will a jury award a punitive damages award in a sexual assault case?

By its nature, a punitive damage award must sting to be effective. Otherwise, the jury's efforts to suppress similar misconduct will merely annoy the defendant. As one court observed, "a punitive damages award must send a message to the offender and others in similar positions that this sort of behavior will not be tolerated." (Bardis v. Oates (2004) 119 Cal.App.4th 1, 26.) In my view, the jury's award here achieved this goal without violating defendant's due process rights. I therefore respectfully dissent.