crime victim of rape sues assisted living complex where father lived and receives $1 Million Verdict

The family of a Mississippi girl successfully sued Federation Towers apartments in Clinton, Mississippi and Southland Management Corp. The jury awarded the family $200,000 last month, attributing 60 percent of the blame to the unidentified father in its decision. However, Special Circuit Judge William Coleman later said he mistakenly allowed the jury to consider whether the girl’s father was partially at fault in the case, and further found that the $200,000 jury award was inadequate The Judge added damages in the amount of $800,000 … for the total sum of $1 million.”

The father of the girl who became pregnant at 11 was in assisted-living at the complex and was on dialysis and had other health problems. Nothing in court records showed the man knew his daughter was having sex with Tony Kelly, an employee at the facility. The girl said Kelly raped her on six different occasions during visits to her father. The first time, she said, Kelly dragged her into a stairwell and assaulted her and threatened to harm her father if she told.

Kelly said in court papers he had consensual sex with the girl, but, under Mississippi law, a minor under the age of 16 can’t consent to sex. The girl said Kelly first raped her in September 2000. Around March 2001, it became obvious the girl was pregnant. She initially denied the pregnancy but later said she had been raped by Kelly.

Kelly pleaded guilty in May 2001 to statutory rape and was sentenced to 20 years, with 13 suspended and seven to serve. He has completed his sentence and is registered as a sex offender.

The suit faulted security at the complex and said it failed to maintain it in a reasonably safe condition. Attorneys for the apartment complex argued, in part, that the girl opened the fire doors and let Kelly in so they could have consensual sex. The defense also argued Federation Towers was unaware of what they said was Kelly’s violent nature.