OH- Husband falsely accused of child rape wins $1.2 million from ex-spouse

8-21-2009 Ohio:

The flier went out to neighbors in bold letters: CHILD RAPIST.

The text contained the name and address of the accused with more bold words: BE ALERT! PROTECT YOUR CHILDREN.

Rodd Sutton, formerly of Akron, was the target of the flier. It was another part of his contentious custody dispute that began more than 10 years ago with his ex-wife, Victoria Douglas.

Police and Summit County Children Services investigated the rape complaint in 2004, when Douglas alleged her husband had inappropriate contact with their daughter, now 10.

Authorities found the charges untrue, but that didn't stop the ex-wife from passing out the fliers to neighbors.

The husband, 46, then went on the offensive, suing his ex-wife and her mother.

A Summit County jury this month sided with Sutton, awarding him more than $1.2 million in damages for defamation, invasion of privacy and intentional infliction of emotional distress.

Sutton's attorneys, Tim Hanna and James Campbell, said collecting the settlement might be an issue, but the case is about more than money, they said.

''Maybe it's not about the issue of collecting,'' Campbell said. ''Maybe it's about the principal of vindicating this guy and showing you can stand up for what you believe in.''

Neither Douglas nor her attorney, Larry Shenise, were available for comment.

Paper consumes the dockets of the ex-couple's divorce and civil lawsuits with hundreds of entries and countless reams of motions filled with allegations of child abuse and drug use, as well as contempt of court findings against each side over visitation and other issues.

The case took a more public turn when Sutton sued over the fliers distributed to neighbors. It happened after complaints of sexual abuse lodged against the husband by the ex-wife in 2004.

Douglas, 44, made the allegations to Akron and Springfield police, Akron Children's Hospital and Children Services.

Each agency found no evidence of abuse.

Sutton's attorneys contend Douglas transferred a house in Lakemore from her name to her mother, Rosemary Douglas, to save it from possible loss in the defamation lawsuit.

A jury awarded Sutton $136,000 from his former mother-in-law for the property transaction. Victoria Douglas now resides in Florida with her daughter.

The case was heard by a jury and Judge Alison McCarty.

Campbell said the only question asked by jurors was whether they could give Sutton more money than he was seeking. ..Source.. by Phil Trexler