Summary
The United States Court of Appeals for the Second Circuit affirmed a judgment entered after a jury trial holding Howard Rubin liable for sex trafficking under the Trafficking Victims Protection Act. The court rejected challenges concerning the sufficiency of the evidence, jury instructions, and the availability of punitive damages, and upheld an award of $3,850,000 to six plaintiffs.
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Practice areas
Questions Presented
- Whether sufficient evidence supported the jury's finding that Rubin knowingly or recklessly disregarded that force, fraud, or coercion would be used to cause the plaintiffs to engage in commercial sex acts under 18 U.S.C. § 1591.
- Whether sufficient evidence supported the jury's rejection of Rubin's consent defense.
- Whether the district court's jury instructions accurately stated the TVPA's mens rea and consent requirements, including withdrawal of consent.
- Whether punitive damages are available under the TVPA's civil-remedy provision, 18 U.S.C. § 1595(a).
Holdings
- Section 1591 requires awareness or reckless disregard, before the forced commercial sex act, that force, fraud, or coercion will be used, but that temporal requirement may be satisfied during an encounter or through a defendant's established modus operandi. The evidence was sufficient for a reasonable jury to find that Rubin possessed the required mens rea.
- The jury reasonably rejected Rubin's consent defense because initial consent to some sexual or BDSM activity did not establish consent to later, more violent conduct, and the plaintiffs' return visits, text messages, and contractual NDAs did not compel a finding of consent.
- The district court's jury instructions adequately stated the law, and any arguable omission concerning Rubin's knowledge of withdrawal of consent was harmless and nonprejudicial.
- Punitive damages are available under the TVPA's civil-remedy provision, 18 U.S.C. § 1595(a), and the punitive damages award against Rubin was appropriate.
Key quotations
“This language makes clear, on its face, that an individual is liable if he decides, while “patronizing” a victim, that he will use force or coercion to cause the victim to further engage in a commercial sex act against her will.” (40-41)
“Consent has boundaries. A person can give consent as to certain type of activities or touching and not as to others that might occur during the same encounter.” (49-50)
“Accordingly, we hold that the TVPA authorizes punitive damages and that the award of punitive damages here was appropriate.” (60)
Factual background
Howard Rubin recruited and transported women to New York for paid sexual encounters involving BDSM activities. The evidence showed that Rubin and his assistants used promises of money, travel, meals, and safety, and often supplied alcohol or drugs, while Rubin repeatedly escalated encounters beyond what the women had agreed to, including restraint, beating, sexual assault, electrical devices, and continued abuse after demands to stop. Rubin also used nondisclosure agreements containing substantial monetary penalties, which the plaintiffs testified made them fear reporting him. A jury found Rubin liable under the TVPA and awarded the plaintiffs $3,850,000 in compensatory and punitive damages.
Procedural history
The plaintiffs commenced the action in November 2017 and filed a fourth amended complaint in November 2019 asserting claims under the TVPA and state tort law. After a seven-day jury trial beginning March 21, 2022, the jury found Rubin liable to each plaintiff under the TVPA and awarded $500,000 in compensatory damages to each, plus punitive damages ranging from $120,000 to $250,000. The district court denied Rubin's motions for judgment as a matter of law or a new trial under Federal Rules of Civil Procedure 50 and 59. The Second Circuit affirmed.