IN THE CIRCUIT COURT OF ST. LOUIS COUNTY
STATE OF MISSOURI
JOHN DOE,
Plaintiff,
v.
WASHINGTON UNIVERSITY and
JANE DOE,
Defendants.

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Cause No. 16SL-CC04392
Division No. 2
Jury Trial Demanded

DEFENDANT JANE DOE’S ANSWER, AFFIRMATIVE DEFENSES AND
COUNTERCLAIM TO PLAINTIFF JOHN DOE’S FIRST AMENDED PETITION
COMES NOW Defendant Jane Doe (“Jane”) and, for her Answer, Affirmative Defenses
and Counterclaim to Plaintiff John Doe’s (“John”) First Amended Petition (“FAP”), states as
follows:
ANSWER
1.

Jane denies each and every allegation contained in Paragraph 1 of the FAP, except

that Jane admits that, at the relevant times, John was a third-year law student and Jane was a
graduate student at Washington University (“Wash U”), and John and Jane were married.
2.

Jane denies the allegations contained in Paragraph 2 of the FAP.

3.

Jane denies the allegations contained in Paragraph 3 of the FAP.

4.

As a result of this Court’s Order dated September 25, 2017, any claims related to

any alleged statements made by Jane to Wash U were dismissed. Consequently, no response is
required to Paragraph 4 of the FAP.
5.

Jane denies the allegations contained in Paragraph 5 of the FAP.

6.

Jane denies the allegations contained in Paragraph 6 of the FAP.

7.

Jane denies the allegations contained in Paragraph 7 of the FAP.
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 8.

Jane admits the allegation in Paragraph 8 of the FAP that Wash U found John

responsible for sexual assault of Jane.
9.

Jane admits the allegation in Paragraph 9 of the FAP that Wash U assessed a

sanction on John for his rape of Jane. Jane denies that said sanction was “harsh,” given that said
sanction was received for raping Jane.
10.

Jane denies the allegations contained in Paragraph 10 of the FAP.

11.

Jane denies the allegations contained in Paragraph 11 of the FAP.

12.

Jane admits the allegations contained in Paragraph 12 of the FAP.

13.

Jane lacks sufficient information with which to admit or deny the allegations in

Paragraph 13 of the FAP.
14.

Jane admits the allegations contained in Paragraph 14 of the FAP.

15.

The statement in Paragraph 15 of the FAP is not a factual allegation. Thus, no

response is necessary. To the extent the Court deems a response necessary, Jane holds John to
strict proof thereof.
16.

Jane admits the allegations contained in Paragraph 16 of the FAP, except that Jane

denies that she committed any tortious acts.
17.

Jane admits the allegations contained in Paragraph 17 of the FAP.

18.

Jane admits the allegations contained in Paragraph 18 of the FAP.

19.

Jane denies the allegations in Paragraph 19 of the FAP, except that Jane admits

that John was a law student from 2013-2016.
20.

Jane admits the allegations contained in Paragraph 20 of the FAP.

21.

Jane admits the allegations contained in Paragraph 21 of the FAP.

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 22.

Jane denies the allegations contained in the first sentence of Paragraph 22 of the

FAP. Jane admits the allegations contained in the second sentence of Paragraph 22 of the FAP.
23.

Jane admits the allegations contained in Paragraph 23 of the FAP.

24.

Jane admits the allegations contained in Paragraph 24 of the FAP.

25.

Jane denies the allegations contained in Paragraph 25 of the FAP and expressly

states that Jane and John had no intention of getting pregnant “shortly after getting married.”
26.

Jane admits the allegations contained in Paragraph 26 of the FAP.

27.

Jane denies the allegations contained in Paragraph 27 of the FAP, except that Jane

admits that she had some changes in medication dating back to 2006.
28.

Jane admits the allegations contained in Paragraph 28 of the FAP.

29.

Jane admits the allegation in Paragraph 29 of the FAP that the couple had

conversations about having children and the responsibilities involved, but Jane expressly denies
that the couple decided to have “children in the near future.” Jane further states that the couple
expressly agreed that John would need to have graduated law school, have a job and have his
own health insurance on which any child would be a dependent, before the couple would
consider getting pregnant.
30.

With respect to Paragraph 30 of the FAP, Jane admits that she told others that she

expected to be pregnant in 2016, but Jane expressly denies any insinuation that Jane told
individuals she would be pregnant early in 2016, prior to John graduating law school, obtaining a
job and obtaining his own health insurance.
31.

Jane admits the allegations contained in Paragraph 31 of the FAP.

32.

Jane denies the allegations contained in Paragraph 32 of the FAP.

33.

Jane denies the allegations contained in Paragraph 33 of the FAP.

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 34.

Jane denies the allegations contained in Paragraph 34 of the FAP.

35.

Jane admits the allegations contained in Paragraph 35 of the FAP.

36.

Jane admits the allegations contained in Paragraph 36 of the FAP.

37.

Jane admits the allegations contained in Paragraph 37 of the FAP.

38.

With respect to Paragraph 38 of the FAP, Jane admits that she went upstairs. Jane

denies that John went upstairs when Jane did. John, without invitation, joined Jane upstairs after
Jane went upstairs.
39.

Jane admits the allegations contained in Paragraph 39 of the FAP.

40.

With respect to Paragraph 40 of the FAP, Jane admits that John began kissing,

holding and caressing Jane. Jane denies any insinuation that she was voluntarily reciprocating or
that she initiated any kissing, holding or caressing of John.
41.

Jane denies the allegations contained in Paragraph 41 of the FAP and expressly

states that John disrobed both parties clothing, all while Jane told John “no” and that it was a
“white baby day.”
42.

Jane admits the allegations contained in Paragraph 42 of the FAP, except that Jane

denies any insinuation that said actions were consensual and expressly states that she told John
“no,” pleaded with him to stop and that it was a white baby day and that she was fertile before
and during John’s vaginal penetration. Jane further denies any insinuation that she was
voluntarily reciprocating or initiating any kissing or embracing of John.
43.

Jane admits the allegations contained in Paragraph 43 of the FAP, except that Jane

denies any insinuation that John’s actions were consensual, that said statement was all Jane said
or that this was the first time Jane said it. Jane expressly told John, both before and during
vaginal penetration, that it was a “white baby day,” that she was fertile, “no,” and pleaded with

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 him to stop. Nonetheless, he raped Jane anyway and did not stop despite Jane’s pleas to the
contrary.
44.

Jane denies the first sentence contained in Paragraph 44 of the FAP. Jane admits

the second sentence contained in Paragraph 44 of the FAP.
45.

Jane denies the allegations contained in Paragraph 45 of the FAP.

46.

With respect to the allegations contained in Paragraph 46 of the FAP, Jane admits

that she told John she did not want to have or continue to have sex with him. Jane denies any
insinuation that the statement alleged Paragraph 46 of the FAP was the only statement made by
Jane that day for John to stop his rape/battery of Jane. She repeatedly told John before and during
John’s rape of Jane that she did not consent to sex, pleaded with him to stop, that it was a white
baby day and that she was fertile. Jane further denies that in response to the statements and pleas
herein John stopped raping Jane. Not only did he start and continue vaginal intercourse, he also,
thereafter, anally raped Jane, to which Jane also did not consent and plead with John not to do so
and, once started, to stop.
47.

Jane denies the allegations contained in Paragraph 47 of the FAP.

48.

Jane admits the allegations contained in Paragraph 48 of the FAP.

49.

Jane admits the allegations contained in Paragraph 49 of the FAP.

50.

Jane admits the allegations contained in Paragraph 50 of the FAP.

51.

Jane denies the allegations contained in Paragraph 51 of the FAP.

52.

Jane admits the allegations contained in Paragraph 52 of the FAP.

53.

With respect to the allegations contained in Paragraph 53 of the FAP, Jane admits

that she did not travel with John on the trip. Jane denies the remaining allegations therein.
54.

Jane admits the allegations contained in Paragraph 54 of the FAP.

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 55.

Jane admits the allegations contained in Paragraph 55 of the FAP.

56.

Jane admits the allegations contained in Paragraph 56 of the FAP.

57.

Jane admits that she had a conversation with LB and JH, but denies that it was

about a “list.” Jane further denies that John was unaware that she wanted John to have a job,
before the couple became pregnant.
58.

Jane denies the allegations contained in Paragraph 58 of the FAP.

59.

Jane admits the allegations contained in Paragraph 59 of the FAP.

60.

Jane admits the allegations contained in the first sentence of Paragraph 60 of the

FAP, except that Jane denies that she “characterized” the incident as rape. It was Rape—there
was no need to characterize anything, nor is there any need to trivialize it by placing the word
rape in “quotes,” as John does in his FAP. With respect to the second sentence, as a result of this
Court’s Order dated September 25, 2017, any claim related to this alleged statement made by
Jane was dismissed. Consequently, no response is required to the second sentence of Paragraph
60 of the FAP.
61.

With respect to the allegations contained in Paragraph 61 of the FAP, Jane denies

John’s summarizations of an alleged email and alleges that the best evidence of the content of an
email is the email itself and directs this Court to the same.
62.

With respect to the allegations contained in Paragraph 62 of the FAP, Jane alleges

that the best evidence of the content of an email is the email itself and directs this Court to the
same.
63.

With respect to the allegations contained in Paragraph 63 of the FAP, Jane admits

the first sentence. With respect to the second sentence, Jane admits that she referred to the rape
as rape in the subject email but denies that this was the first time she referred to the rape as rape

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 to John. With respect to the allegation concerning speaking to friends and family, as a result of
this Court’s Order dated September 25, 2017, any claim related to these alleged statements made
by Jane was dismissed. Consequently, no response is required to this portion of the second
sentence of Paragraph 63 of the FAP.
64.

As a result of this Court’s Order dated September 25, 2017, any claims related to

any alleged statements made by Jane to Wash U were dismissed. Consequently, no response is
required to Paragraph 64 of the FAP.
65.

With respect to the allegations contained in Paragraph 65 of the FAP, Jane admits

that she filed for divorce from John. Jane denies that said divorce was filed on the date alleged.
66.

With respect to the allegations contained in Paragraph 66 of the FAP, Jane denies

that she did not receive treatment for the rape. Jane admits that she has not yet reported the rape
to law enforcement.
67.

With respect to the allegations contained in Paragraphs 67-133, they are not

directed at Jane and relate to the claims against Wash U. Furthermore, as a result of this Court’s
Order dated September 25, 2017, any claims related to Wash U or any alleged statements made
by Jane to Wash U were dismissed. Consequently, no response is required to Paragraphs 67-133
of the FAP. To the extent this Court deems a response required, Jane reserves the right to amend
to do so.
COUNT 1
68.

The paragraphs within COUNT 1 (Nos. 134-143) are not directed at Jane and, in

any event, Count 1 was dismissed by the Court in its Order dated September 25, 2017.
Consequently, no response is required.

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 COUNT 2
69.

The paragraphs within COUNT 2 (Nos. 144-151) are not directed at Jane and, in

any event, Count 2 was dismissed by the Court in its Order dated September 25, 2017.
Consequently, no response is required.
COUNT 3
70.

The paragraphs within COUNT 3 (Nos. 152-164) are not directed at Jane and, in

any event, Count 3 was dismissed by the Court in its Order dated September 25, 2017.
Consequently, no response is required.
COUNT 4
71.

The paragraphs within COUNT 4 (Nos. 165-181) are not directed at Jane and, in

any event, Count 4 was dismissed by the Court in its Order dated September 25, 2017.
Consequently, no response is required.
COUNT 51
72.

With respect to John’s statement in Paragraph 182 of the FAP, no response is

necessary. Jane hereby realleges, incorporates and reasserts all allegations contained in the
instant Answer, as if more fully stated herein.
73.

Jane admits the allegations contained in the first sentence of Paragraph 183 of the

FAP, except that Jane denies that she “characterized” the incident as rape. It was Rape—there
was no need to characterize anything, nor is there any need to trivialize it by placing the word
rape in “quotes,” as John does in his FAP. With respect to the second sentence, as a result of this
Court’s Order dated September 25, 2017, any claim related to this alleged statement made by
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By virtue of the Court’s Order dated September 25, 2017, any portion of Count 5 related to any
statement other than the alleged statement made to LB referenced in paragraph 183 was
dismissed. Consequently, Jane asserts that no response is required to any allegations unrelated to
that statement to LB.
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 Jane was dismissed. Consequently, no response is required to the second sentence of Paragraph
183 of the FAP.
74.

Jane denies the allegations contained in paragraph 184 of the FAP. Jane further

states that the only purported statement that remains part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed
75.

The only purported statement that remains as part of the instant matter is the

purported statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the
Court’s Order dated September 25, 2017, any claim related to any other statements made by Jane
was dismissed. The alleged statement in Paragraph 185 of the FAP was dismissed.
Consequently, no response is required.
76.

Jane denies the allegations contained in paragraph 186 of the FAP. Jane further

states that the only purported statement that remains as part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed.
77.

Jane denies the allegations contained in paragraph 187 of the FAP. Jane further

states that the only purported statement that remains as part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed.

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 78.

Jane denies the allegations contained in paragraph 188 of the FAP. Jane further

states that the only purported statement that remains as part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed.
79.

Jane denies the allegations contained in paragraph 189 of the FAP. Jane further

states that the only purported statement that remains as part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed.
80.

Jane denies the allegations contained in paragraph 190 of the FAP. Jane further

states that the only purported statement that remains as part of the instant matter is the purported
statement alleged in the first sentence of Paragraph 183 of the FAP. By virtue of the Court’s
Order dated September 25, 2017, any claim related to any other statements made by Jane was
dismissed.
WHEREFORE Jane prays that the Court enter a judgment in favor of Jane and against
John on Count 5 of the FAP, award Jane her attorneys’ fees, expenses and costs, and for any
further and additional relief that the Court deems proper under the circumstances.
COUNT 6
81.

COUNT 6 (Paragraph Nos. 191-199) was dismissed by the Court in its Order

dated September 25, 2017. Consequently, no response is required.

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 COUNT 7
82.

COUNT 7 (Paragraph Nos. 200-212) was dismissed by the Court in its Order

dated September 25, 2017. Consequently, no response is required.
COUNT 8
83.

COUNT 8 (Paragraph Nos. 213-229) was dismissed by the Court in its Order

dated September 25, 2017. Consequently, no response is required.
COUNT 9
84.

The paragraphs within COUNT 9 (Nos. 230-237) are not directed at Jane and, in

any event, Count 9 was dismissed by the Court in its Order dated September 25, 2017.
Consequently, no response is required.
JOHN’S PRAYER FOR RELIEF
85.

With respect to the statements made in John’s Prayer for Relief, no response is

required. To the extent this Court deems a response necessary, Jane denies each and every
allegation contained therein.
JURY DEMAND
86.

Jane hereby demands trial by jury on her Answer, Affirmative Defenses and

Counterclaim.
AFFIRMATIVE DEFENSES
1.

John fails to state a claim upon which relief can be granted.

2.

Jane asserts the defense of truth. The alleged statement made by Jane to LB, the

only alleged statement not dismissed by the Court in its September 25, 2017 Order, as well as
any and all other alleged statements by Jane that John raped Jane, for that matter, were not
defamatory, because it/they was/were truthful. John raped Jane on December 17, 2015. John

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 engaged in vaginal and anal intercourse with Jane without her consent, as more fully alleged in
Jane’s Answer above and Counterclaim below.
3.

Jane had an absolute and/or qualified privilege to make alleged statements that

John raped Jane.
4.

Jane reserves the right to seek to amend to add any additional defenses that are

discovered or arise during the course of this litigation.
COUNTERCLAIM FOR BATTERY
(RAPE)
1.

At all relevant times herein, John Doe (“John”) was a resident of the State of

Missouri and a law student at Washington University in St. Louis.
2.

At all relevant times herein, Jane Doe (“Jane”) is and was a resident of the State

of Missouri.
3.

Prior to and on December 17, 2015, John and Jane were married.

4.

Prior to December 17, 2015, John and Jane decided that they would not attempt to

get pregnant and have children, until after John graduated from law school, obtained a job and
obtained his own health insurance on which any children could be listed as dependents.
5.

John and Jane were Catholic and practiced Natural Family Planning to monitor

Jane’s fertility cycle. “White baby days” were days that Jane was fertile. The couple
intentionally avoided sexual intimacy on “white baby days” to avoid becoming pregnant.
6.

On December 17, 2015, John was a law student at Washington University in St.

Louis and did not have a job or his own health insurance.
7.

On December 17, 2015, John committed a battery (rape) on Jane when he

intentionally made offensive bodily contact with/on her, which was unlawful, unjustified and
offended a reasonable sense of personal dignity.
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 8.

Specifically, on December 17, 2015, while lying in bed with Jane, John, without

Jane’s consent, intentionally had vaginal and anal intercourse with Jane. As John began undoing
Jane’s pants, Jane told John that it was a “white baby day” and a “fertile day” and that she did
not want to have sex. Despite Jane’s unequivocal lack of consent, John held Jane’s arms above
her head, climbed on top of her body and began penetrating Jane’s vagina with his penis. During
the non-consensual vaginal intercourse, Jane pleaded with John to stop. Despite Jane’s
unequivocal denial of consent and pleas to stop, John did not stop vaginal intercourse with Jane.
Instead, he told her to “relax” and to “enjoy it for a few minutes,” and proceeded to penetrate her
vagina for several minutes.
9.

John’s non-consensual vaginal penetration of Jane was incredibly offensive and

painful for Jane, causing her tremendous physical and emotional distress.
10.

After performing the non-consensual vaginal intercourse, John manipulated

Jane’s legs and began having anal intercourse with Jane, by intentionally penetrating her anus
with his penis. The anal intercourse also was non-consensual. Before John penetrated Jane’s
anus, but realizing what he was about to do, Jane unequivocally told John that she did not want
to have anal sex. John intentionally disregarded Jane’s lack of consent. During the offensive act
on her body, Jane repeatedly told John to stop, but again, he disregarded her pleas and continued
to penetrate her anus with his penis.
11.

In addition to Jane’s verbal directives to John during the battery to stop, John

knew from prior discussions that Jane did not want to engage in anal sex.
12.

John’s non-consensual anal penetration of Jane was incredibly offensive and

painful for Jane, causing her tremendous physical and emotional distress, including anal
bleeding.

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 13.

On December 17, 2015, John knew that Jane did not want to get pregnant, which

is why, in addition to pleading with John not to have sex with her and to stop having sex with her
after he started without her consent, Jane informed him that it was a white baby day and a fertile
day.
14.

After the rape, when Jane reminded John that he had raped her and told John that

she would be seeking a divorce and an order of protection, John did not deny that he raped Jane.
15.

On or about January 8, 2016, Jane filed for and obtained an ex parte Order of

Protection against John.
16.

On or about February 3, 2016, Jane filed for divorce from John.

17.

On or about March 16, 2016, the Court entered findings of fact and replaced

Jane’s January 8, 2016 ex parte Order of Protection with a Full Order of Protection. Said Full
Order of Protection is still in effect as of the date of this filing.
18.

On or about November 1, 2016, the Court entered a Judgment of Dissolution of

John and Jane’s marriage.
19.

As a direct and proximate cause of John’s battery/rape of Jane, Jane was damaged

in an amount in excess of $25,000.00. Said damages include:
a. physical and mental trauma, pain and suffering, and mental, physical and
emotional distress;
b. A diagnosis of Post-Traumatic Stress Disorder;
c. Costs associated with counseling/therapy and entering an Intensive Outpatient
Program for psychological care in 2016, all as a result of Plaintiff’s
Battery/Rape;
d. lost wages; and

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 e. a delay in graduation from Washington University in St. Louis.
20.

John’s actions were intentional, malicious and/or were undertaken with a reckless

disregard for the rights of Jane, and therefore, Jane is entitled to recover punitive damages to
punish John and to deter others from such conduct.
WHEREFORE Jane prays that the Court enter judgment on Jane’s Counterclaim for
Battery/Rape in favor of Jane and against John in an amount that is fair and reasonable and in
excess of $25,000.00, for punitive damages, Jane’s attorneys’ fees, expenses and costs, and for
any further relief that the Court deems justified.
Respectfully submitted,
CAPES, SOKOL, GOODMAN & SARACHAN, P.C.

By:

/s/ Drey A. Cooley
Drey A. Cooley #MO 58784
Lauren R. Cohen #MO 61772
7701 Forsyth Boulevard, 12th Floor
Saint Louis, Missouri 63105
Telephone: (314) 505-5470
Facsimile: (314) 505-5471
cooley@capessokol.com
lcohen@capessokol.com
Attorneys for Jane Doe

CERTIFICATE OF SIGNED ORIGINAL AND CERTIFICATE OF SERVICE
The undersigned hereby certifies that the attorney filing the foregoing document signed
the original of the same. Said original will be maintained, as required by the Missouri Rules of
Civil Procedure. The undersigned further certifies that, on October 4, 2017, the foregoing was
served via this Court’s electronic filing system upon all parties of record.

/s/ Drey A. Cooley

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