What is the test for recovery of punitive damages in a sexual assault case?
"New York", United States of America
The following excerpt is from Roy v. Hartogs, 381 N.Y.S.2d 587, 85 Misc.2d 891 (N.Y. App. Term 1976):
On the question of punitive damages, such recovery is allowed in cases where the wrong complained of is morally culpable, or is actuated by evil and reprehensible motives, not only to punish the defendant but to deter him as well as others, from indulging in similar conduct in the future. (Walker v. Sheldon, 10 N.Y.2d 401, 404, 223 N.Y.S.2d 488, 490, 179 N.E.2d 497, 498.)
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