What is the test for an actor to be found guilty of gross negligence in a sexual assault case?

Plaintiff cites Golden v. Dungan (1971) 20 Cal.App.3d 295, 303, footnote 6 (Golden), for the proposition that " '[t]he extreme and outrageous character of the conduct may arise from the actor's knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition or peculiarity. The conduct may become heartless, flagrant, and outrageous when the actor proceeds in the face of such knowledge, where it would not be so if he did not know.' "

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