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Court crushes Phil Godlewski's dismissal hopes!

1 minute reading time (259 words)
Court crushes Phil Godlewski's dismissal hopes!

 

In the case of Philip Godlewski vs Brienna DuBorgel the court just denied Phil's motion to dismiss her counterclaims! 

Below is a summary of the document and at the bottom of the page is the full court document for your viewing pleasure!

Notable Quotes From The Court...

Godlewski argues that DuBorgel' s counterclaim fails to sufficiently plead "forcible compulsion" and thus the applicable statute of limitations is the two-year time period set forth in § 5524 and not the eighteen (18) years of age plus thirty-seven (37) years set forth in§ 5533. Godlewski Brief in Support at p. 7. This argument lacks merit. As noted in§ 5533 "sexual intercourse" and "indecent contact" qualify as forcible compulsion. While only one of these two are needed for forcible compulsion to be present, DuBorgel' s counterclaim sufficiently pleads both.

BY THE COURT: Hon. James A. Gibbons

We again disagree. Specifically, throughout the counterclaim DuBorgel has alleged that Godlewski engaged in acts of child sexual abuse against her. It is quite difficult, if not impossible for us to see how anyone ( especially a public school employee) would believe that this conduct was not likely to result in severe emotional distress.

BY THE COURT: Hon. James A. Gibbons

Full Court Document


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Saturday, 13 July 2024