IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY TRACY L.

RICHARDS, guardian ad litem for MARIANA S. RICHARDS and ROBERT H. RICHARDS V, Plaintiffs, v. ROBERT H. RICHARDS IV, Defendant. : : : : : : : : : : :

C.A. No. 14-________ Trial By Jury Demanded

COMPLAINT 1. This is a case arising from the July 10, 2007 enactment of the Delaware Child Victim=s Act of 2007, 10 Del. C. ' 8145, (the AAct@) and Delaware common law regarding childhood sexual abuse. It seeks monetary damages for personal injuries arising from childhood sexual abuse inflicted by Defendant Robert H. Richards IV, an admitted and convicted rapist and child abuser, who breached his duty of care to his two young children when he raped and sexually abused his daughter Mariana S. Richards and upon information and belief, did the same to his son Robert H. Richards, V. I. THE PARTIES 2. The guardian ad litem Tracy Richards is the mother of Plaintiffs Mariana S. Richards (Mariana) and Robert H. Richards V (Robert V). She is a resident of New Castle County, Delaware. She is divorced from Defendant Robert H. Richards IV. She sues solely in her capacity as next friend or guardian ad litem for her two young children. 3. Mariana was born on December 16, 2002 and is presently 11 years old and is a 1

resident of Delaware. At the time when she was first raped and sexually abused by her father, Robert H. Richards, IV, she was approximately 3 years old and it is believed that the abuse continued until about age 5. 4. Robert V was born on May 10, 2004 and he is presently 9 years old and a resident of Delaware. Upon information and belief, at the time he was first sexually abused by his father, Robert H. Richards, IV, it is believed he was approximately one and a half years old and that the abuse continued until age three and a half. 5. Defendant Robert H. Richards IV is the ex-husband of Tracy Richards and is the father of her two young children. He is an admitted and convicted child rapist and abuser with a diagnosis of pedophilia with a sexual disorder. He is a resident of Sussex County, Delaware, in Rehoboth Beach, as is indicated on the Delaware State Police Sex Offender Central Registry. II. FACTS GIVING RISE TO THE ACTION 6. At the relevant time herein, Defendant was married to Tracy Richards and resided with her and their two minor children, Mariana and Robert V in Delaware. A. Duty of Care 7. Defendant had a duty of care, arising from his role as a custodial parent, to protect his children from physical, mental, emotional and other harms that could be inflicted upon them by others and/or by himself. B. Defendant=s Rape and Sexual Abuse of His Toddler Daughter 8. Defendant began to anally rape and sexually abuse his daughter Mariana on or about December 2005, when she was about age 3. 9. Defendant would come into her bedroom at night while she was sleeping and digitally 2

penetrate her anus with the fingers of his hand while he masturbated with his other hand. 10. Defendant anally raped Mariana in this manner, at a minimum, 4 or 5 times. Other documents say 5 or 6. [Polygraph dated April 22, 2010, pg.3] 11. When he was finished raping young Mariana, Defendant warned her to keep what he had done to her a secret. 12. The last incident of Defendant Robert H. Richards, IVs rape and sexual abuse of his young daughter occurred on or about October 25, 2007, when she was 4 years and 10 months old. 13. Mariana reported the sexual abuse to her maternal grandmother Donna Burg shortly

thereafter. Donna Burg immediately informed her daughter Tracy Richards of the abuse. 14. On October 30, 2007, Tracy Richards and Donna Burg took young Mariana to her pediatrician, who contacted the Child Abuse Hotline that same day. This doctor=s notes indicate that Mariana told her grandmother that ADaddy puts his finger in my butt.@ Mariana then told her physician the same thing. 15. At the time of the abuse, upon information and belief, Defendant Robert H. Richards, IV maintained two residences in the State of Delaware one in New Castle and one in Sussex County. Upon information and belief of the Plaintiff, the abuse of Mariana by the Defendant occurred at both residences. 16. Mariana and Robert V are the great great grandchildren of Irenee DuPont, the patrician of an influential family historically the most powerful in all of Delaware. Their grandfather is a recently retired partner of a large prestigious Delaware law firm. Due to his family=s wealth and position in the community, Defendant Robert H. Richards, IV, obtained one of the best criminal defense attorneys in the state of Delaware. 3

17. Defendant was then arrested by the New Castle County Police on December 10, 2007. [Exhibit A-Criminal Docket] 18. Defendant initially denied the charges. But after volunteering for and then failing a polygraph test he changed his story. He then claimed that he was ill and that he needed medical treatment. [Exhibit B-Progress Report of 8/23/2010] 19. Ultimately, on June 30, 2008, he pled guilty in the Superior Court in New Castle County to one felony count of the intentional crime of rape in the fourth degree, sexual penetration of a victim less than sixteen. [Exhibit C-Plea Agreement] 20. During his later probation and treatment, Defendant Robert H. Richards, IV, admitted several times to numerous rapes of his daughter. C. Defendant=s Sexual Abuse of His Infant Son 21. Upon information and belief, Defendant Robert H. Richards, IV, began to assault and/or sexually abuse his son Robert V in or about December 2005, when he was only 19 months old. Upon information and belief it is believed that the abuse continued until age three and a half. 22. On April 22, 2010, as part of Defendant=s probation arising from his conviction and guilty plea for anally raping his young daughter, Defendant took a polygraph examination. 23. Upon information and belief, during that polygraph examination, Defendant admitted that he had also sexually abused her younger brother. 24. Defendant explained A[t]hat is the only other person he can think of something happening with.@ 25. He continued and stated that he was Avery concerned that something happened with 4

his son@ but that he Ahas repressed@ the memories. [Polygraph dated April 22, 2010, pg. 7] 26. Defendant stated he was concerned that what happened with his son was similar to what happened with his daughter. 27. But Defendant Robert H. Richards, IV promised that Awhatever I did to my son, I will never do it again.@ 28. On September 27, 2010, Defendant=s probation officer informed the Superior Court of the possibility that Defendant had sexually abused his infant son [Exhibit D- Progress Report of 9/21/2010] and, again, on October 3, 2012 expressed to the Court Aconcerns about Mr. Richards past offenses concerning his son.@ [Exhibit E-Progress Report of 9/26/2012] 29. As with the abuse Defendant inflicted on upon his daughter, upon information and belief of the Plaintiff, the abuse of Robert V occurred at the Defendants residence in New Castle County and at the Defendants residence in Sussex County. D. Causation 30. The actions of the Defendant is the proximate cause of separate and distinct immediate and long term injuries and conditions which Mariana and Robert V have suffered and will continue to suffer for the rest of their lives. Defendant played a determinative role in these injuries. The improper actions of the Defendant were a substantial and/or but for factor in causing Mariana and Robert Vs injuries. E. Frequency and Credibility 31. The total number, frequency and types of rape and other sexual abuses suffered by each of these two small children are presently unknown without the sworn testimony of the Defendant. As to the number, on the present record it can be as low as five or six times for 5

Mariana. 32. A Polygraph Report and a Report from the Probation Bureau reveal that the Defendant is not always truthful and instead regularly tries to deceive others and hide what he has truly done. For example, he initially denied his crimes regarding his daughter, but when his criminal defense attorney offered him up for a polygraph test he failed the test in 2008 and only then did he began to begrudgingly admit his crimes. [Polygraph dated April 22, 2010, pg. 3] So it is reasonably expected that the true number of rapes and other acts of sexual abuse is in fact much higher. 33. On information and belief, after a decade of litigating cases against child rapists, abusers dramatically underestimate the number of times and frequency of their sexual abuse of their victims, as well as the severity and types of depravities inflicted upon such children. Discovery should reveal this to be the case with this Defendant Robert H. Richards, IV also. F. Discovery of the Abuse 34. As the abuse to Mariana was done in secret, her mother, Tracy Richards did not and could not have discovered the abuse. Tracy Richards only learned of the abuse of the Mariana in late October 2007. Additionally, before the discovery by her mother of the abuse, Defendant had threatened Mariana not to tell anyone of the abuse. Prior to late October, 2007, Mariana was not capable of telling anyone of the abuse because she was a young child and because of duress from her father. Further, upon information and belief, Mariana has repressed memories of some instances of the abuse she suffered by her father, Defendant Robert H. Richards, IV. On information and belief, Mariana is presently suffering from repressed memories of numerous specific instances of rape and childhood sexual abuse inflicted upon her by Defendant. It is 6

reasonably expected that with time and appropriate medical treatment some of those memories will begin to surface. At such a time, Mariana will be aware that she had been the victim of rape and childhood sexual abuse of which she was previously unaware. Such acts will be inherently unknowable until that time. Due to her tender age at the time of the abuse and the trauma such abuse inflicts, Mariana is blamelessly ignorant of the assaults and batteries against her. 35. Upon information and belief, similar to Defendants abuse of Mariana, Defendant Robert H. Richards, IV, abused his son Robert V in secret. Tracy Richards did not and could not have discovered the abuse. Upon information and belief, at the time of the abuse, Robert V, due to his young age was not capable of telling anyone of the abuse. His mother the Guardian ad litem only learned that Defendant abused Robert V years later when, she became aware of the polygraph test. On information and belief, Robert V is presently suffering from repressed memories of numerous specific instances of rape and childhood sexual abuse inflicted upon him by Defendant. It is reasonably expected that with time and appropriate medical treatment some of those memories will begin to surface. At such a time, Robert V will be aware that he had been the victim of rape and childhood sexual abuse of which he was previously unaware. Such acts will be inherently unknowable until that time. Due to his tender age at the time of the abuse and the trauma such abuse inflicts, plaintiffs are blamelessly ignorant of the assaults and batteries against him. G. Injuries 36. Plaintiffs= separate and distinct immediate and long term injuries and conditions, which were the result of childhood sexual abuse that they have suffered or it is reasonably expected that they will suffer in the future, include, but are not limited to, depression, PTSD, 7

sexual dysfunction, guilt, emotional pain, fear, fright, shame, grief, anxiety, humiliation, feelings of worthlessness, anger, loss of enjoyment of life, loss of faith in one=s parents and/or God, lack of self-confidence, insomnia, embarrassment, substance abuse, economic losses, suicidal thoughts or actions, confusion over sexual identity, divorce, inability to maintain a stable marital relationship or relationships with others, inability to hold a job, and other temporary or permanent personal injuries. COUNT I (Assault and Battery) 37. 38. Plaintiffs repeat and reallege the foregoing paragraphs. The acts of Defendant toward Plaintiffs are crimes in Delaware. They also

constitute civil assault and battery. 39. The Plaintiffs= right to be free of assault and battery has been denied in violation

of the common law of the State of Delaware and the Act. 40. The actions of Defendant are intentional and/or malicious and merit an award of

punitive damages.

COUNT II (Intentional Infliction of Emotional Distress) 41. Plaintiffs repeat and reallege the foregoing paragraphs. 42. The conduct of Defendant towards Plaintiffs, as described herein, was outrageous and extreme. 43. A reasonable person would not expect or tolerate the sexual abuse of the Plaintiffs by Defendant.

44. Defendants conduct was intentional and/or malicious and was done for the purpose of causing or with substantial certainty that Plaintiffs would suffer humiliation, mental anguish, and emotional or physical distress. 45. As a result of the above described conduct, Plaintiffs have suffered and continues to suffer pain and suffering, including, but not limited, to anxiety, depression, embarrassment, and emotional distress. 46. The Plaintiffs right to be free of the emotional distress intentionally inflicted by Defendant has been denied in violation of the common law of the State of Delaware and the Act. 47. The actions of Defendant are intentional and/or malicious and merit an award of

punitive damages. COUNT III (RECKLESS INFLICTION OF EMOTIONAL DISTRESS) 48. Plaintiffs repeat and incorporate by reference the foregoing paragraphs as if fully set forth herein. 49. Defendant acted recklessly in that he knew or should have known that his conduct toward Plaintiffs would be offensive to them, and that they would suffer emotional distress thereby. 50. As a direct and proximate result of the conduct of Defendant, Plaintiffs suffered the injuries and losses set forth above. 51. The Plaintiffs right to be free of the emotional distress recklessly inflicted by Defendant has been denied in violation of the common law of the State of Delaware and the Act. 52. The actions of Defendant are reckless and merit an award of punitive damages.

COUNT IV (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) 9

53. Plaintiffs repeat and incorporate by reference the foregoing paragraphs as if fully set forth herein. 54. Defendant acted negligently in that he knew or should have known that his conduct toward Plaintiffs would be offensive to them, and that they would suffer emotional distress thereby. 55. As a direct and proximate result of the conduct of Defendant, Plaintiffs suffered the injuries and losses set forth above. 56. The Plaintiffs right to be free of the emotional distress negligently inflicted by Defendant has been denied in violation of the common law of the State of Delaware and the Act. Wherefore, Tracy Richards, as Guardian ad litem on behalf of the Plaintiffs two minor children pray that the Court: (a) (b) (c) Enter judgment against the Defendant. Enter a judgment against the Defendant for compensatory and punitive damages. Enter a judgment against the Defendant for costs and pre and post judgment interest. Require such other and further relief as the Court deems just and proper under the circumstances.

(d)

JACOBS & CRUMPLAR, P.A. /s/ Thomas C. Crumplar THOMAS C. CRUMPLAR, ESQ. (#942) RAEANN WARNER, ESQ. (#4931) DAVID T. CRUMPLAR, ESQ. (#5876) Two East Seventh Street, Suite 400 Wilmington, DE 19801 (302) 656-5445 Tom@jcdelaw.com Raeann@jcdelaw.com 10

Davy@jcdelaw.com Dated: March 18, 2014 Attorneys for the Guardian ad litem and the Plaintiffs

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