[郭文貴] 私人助理馬蕊控告郭文貴強奸案訴狀曝光(圖)
遭中共通緝的外逃商人郭文貴近期被前私人助理馬蕊壹紙訴狀告上美國紐約最高法院，後者稱郭在過去幾年中多次對其強奸。
9月14日，馬蕊狀告郭文貴強奸壹案訴狀內容曝光。
其中，郭文貴，又名郭浩雲，被指至少擁有香港、阿聯酋護照，香港、瓦努阿圖身份。
但訴狀未提及郭文貴是否有美國護照或身份。
可能基於此，郭文貴才在走投無路的情況下向美國移民局申請政治庇護。
根據美國相關法律規定，馬蕊壹直訴狀可能讓郭文貴的政治庇護申請化為泡影。
訴狀內容還披露，郭文貴目前擁有的資產在20億美元左右。
他利用巨額資金和西方的關系網將自身包裝成政治異見人士，並頻繁爆料中共腐敗問題。但這只是煙幕彈。
訴狀落款時間為2017年9月7日。
郭文貴或面臨法律制裁，政治庇護恐成泡影（圖源：Twitter KwokMiles）
附：《馬蕊狀告郭文貴強奸壹案訴狀》中文版：
原告：馬蕊，由Arkin Solbakken律所律師代理。
被告：郭文貴，又名郭浩雲，Miles Kwok。
壹、預先聲明
1.在過去幾年中，被告人精心將自己的形象打造為壹名政治異見人士，曝光中國政府內部的腐敗問題。
2.然而，這種偽造公眾形象只是其煙霧彈，是其通過個人雄厚的財富和與西方世界廣泛的人際關系包裝出來的。
3.被告人精心編造的故事不僅是為了自我滿足， 而且還是被告對包括原告在內的多名人員發起恐嚇攻勢的掩護。
4. 據此訴狀，原告要求被告對其施加的多次性侵犯行為予以經濟賠償，以便被告——其曾逃脫多次刑事司法制裁——接受民事法庭追究。
贰、當事人
5.原告為 28歲中國籍女性，在涉此案相關時間被被告雇傭為私人助理。原告發誓其訴狀所陳述指控屬實。
6.被告為50歲男性，持香港（護照號KJ0398054 ）、阿聯酋（護照號J11F59997 )護照，擁有香港[身份證號 P746467(7)]、瓦努阿圖身份。
7.被告曾、且目前仍居住與紐約第伍大道781號知名的 Sherry-Netherland酒店。
8.根據下文陳述，被告被媒體描述為“轉變為政治活躍者的中國億萬富豪”。
叁、管轄權和審判地
9. 法院擁有此案管轄權，鑒於被告是紐約居民。
10. 審判地符合CPLR501條款，鑒於被告是本國居民。
肆、支撐指控的事實
11. 被告是知名人士，資產估值20億美元。
12. 上文已陳述，被告通過媒體專門塑造了個人形象，被以“敢言異議人士”形象被稱贊，其在曼哈頓奢侈豪宅中冒個人風險做出大量中國政府腐敗指控。
13. 因此，被告的指控引發壹系列本地及國外媒體報道，被告被稱為勇敢的舉報人，雖然其也面臨經濟詐騙指控。
（壹）被告開始對原告發起暴力恐嚇
14. 被告利用在美國的關系，繼續開展商業活動。
15. 為此，被告尋找私人助理，並雇傭了原告。
16. 原告被要求與被告共同旅行，至包括美國、英國、巴哈馬等多個國家和地區。
17. 遺憾的是，原告乍看認為是好機會的工作，迅速轉變向其從未想象的方向。
18. 事實上，就在原告抵達紐約與被告共同後，被告強制收走原告護照，並不再歸還原告。
19. 被告隨後建議原告稱，鑒於原告已為其工作，她不可以再回到中國。被告警告稱，如果原告回國，將被捕入獄並被虐待。
20. 被告隨後禁止原告與除最親密家人外的任何人說話。並禁止原告與任何紐約本地或其他工作地點的人員交流。
21. 被告為實現完全孤立原告的目的，沒收了原告所有電子設備。
22. 被告將原告從外部世界全面孤立，並聲稱自己是她的唯壹救世主。
23. 例如，被告經常將原告限制在某壹房間內並將房間上鎖，直至被告決定將其釋放。
24. 原告的處境進壹步惡化，因為其當時並不是壹名流利的英語使用者。因此，其與外界溝通的幾率，在被被告囚禁在壹個非母語國家中的情況下，事實上是不存在的。
25. 由於被告的相關措施，原告完全處於被告的控制和監禁之下。
（贰）被告在紐約首次強奸未遂
26. 在對原告施加了身體與精神的控制後，被告開始發起熱切的身體與精神上的恐嚇。
27. 隨後，被告開始了壹系列性侵犯活動，原告為受害者。
28. 例如，某晚，原告正在被告住處，Sherry- Netherland 酒店為其會客做准備。
29. 出於未名原因，在當晚將其帶至“放映室”。
30. 被告將原告帶至放映室後，隨即將門上鎖，撕扯原告衣服，並對其進行擊打。
31. 原告得以離開房間時，鑒於沒有護照且無法和外界聯絡，且如果原告違背被告將面臨安全威脅，所以原告持續被被告囚禁。
（叁）被告對原告首次強奸
32. 此後，在巴哈馬，被告強追原告與其飲酒。
33. 隨後，原告告辭回房休息。
34. 不久，原告被被告喚醒。被告騎在她身上並企圖分開原告雙腿。
35. 原告高聲要求被告停止。但被告拒絕，最終暴力制服原告。
36. 被告在未得到原告同意的情況下強制與之發生性關系。
37. 暴行結束後，被告將流血的原告獨自留在房間。
38. 原告繼續生活在對被告的恐懼中，晚上不得不鎖上房門，並保持盡可能長時間的清醒狀態，以防被告再次進入房間實施強奸。
（肆）被告笫贰次強奸原告
39. 強奸後，被告對原告的囚禁仍在持續。
40. 第贰次發生在被告倫敦Prince's Gate辦公室內。
41. 原告正在工作時，被告走入房間。
42. 隨後被告將門反鎖。
43. 被告直接走向原告，將其粗暴從椅子上拽起。
44. 被告將原告摔在地上，開始嘗試撕扯其衣服。
45. 原告試圖並持續做出身體反抗。
46. 此時，原告試圖用手蓋住牛仔褲的扣子。
47. 原告最終被被告暴力制服，強行將手分開。
48. 原告被制服後，被告扯掉原告牛仔褲扣子，將其褲子與內褲脫掉。
49. 整個反抗過程中，原告乞求被告停止。
50. 被告拒絕，冷酷地告訴原告不要呼喊。
51. 被告將原告雙手控制住，以防其繼續反抗，並將身體押上。
52. 被告用腿分開原告雙腿，隨後實施強奸。
（伍）原告逃離並向中國警方報案
53. 最終，原告得以逃離被告控制。
54. 在壹位英國律師的幫助下，原告發表了壹封手寫的《個人聲明》，描述了上述內容，並向中國警方報案。
55. 隨後，原告向中國有關部門提供證詞並起誓陳述屬實，相關內容構成了本訴狀主要內容。
56. 聲明中，原告描述了被告在英國強奸後，於自己內褲留下精液的情況。
57. 接到報案後，中國警方將相關物證留存。相關證據是中國對被告發出第贰張全球通緝令的依據。
58. 被告令人震驚且膽大妄為的行徑對原告造成了嚴重且長期的身體與精神傷害。
59. 被告應對其非法囚禁、強奸、毆打等罪行負責。
伍、指控第壹條罪行（毆打）
60. 原告指控內容已在上文提及，完整陳述。
61. 如上文所述，被告對原告持續地采取了壹系列監禁、暴力及性侵行為。
62.被告對原告實施物理監禁，毆打，強奸。
63.被告的行為包括對原告的毆打，並實際實施且對原告造成身體傷害。
64. 被告通過身體接觸對原告施加痛苦的侵犯。
65. 這些接觸是故意的、未得到原告允許的且本質上極具攻擊性。
66. 這些接觸未經允許，亦無合理原因，被告也未遭挑釁。被告清楚其行為未得到原告允許。
67. 原告承受的傷害完全是由被告壹個人施加。
68. 因以上行徑，原告經受了嚴重的身體與精神痛苦，及羞辱，且被限制人身自由，否則其將遭到更多傷害。
69. 因以上行徑，原告所受傷害應或賠償，待法庭判決，應不少於2000萬美元。
六、指控第贰條罪行（強奸）
70. 原告指控內容已在上文提及，完整陳述。
71. 如上文所述，被告對原告持續地采取了壹系列監禁、暴力及性侵行為。
72. 被告對原告實施物理監禁，毆打，強奸。
73. 被告的行為包括對原告的強奸，並實際實施且對原告造成身體傷害。
74. 被告通過身體接觸對原告施加痛苦的侵犯。
75. 這些接觸是故意的、未得到原告允許的且本質上極具攻擊性。
76. 這些接觸未經允許，亦無合理原因，被告也未遭挑釁。被告清楚其行為未得到原告允許。
77. 原告承受的傷害完全是由被告壹個人施加。
78. 因以上行徑，原告經受了嚴重的身體與精神痛苦，及羞辱，且被限制人身自由，否則其將遭到更多傷害。
79. 因以上行徑，原告所受傷害應或賠償，待法庭判決， 應不少於 2000萬美元。
柒、指控第叁條罪行（故意造成精神損害）
80. 原告指控內容已在上文提及，完整陳述。
81. 被告的行徑，包括對原告的囚禁，強奸，毆打，是極端，粗暴，完全不能被文明社會所容忍的。
82. 被告行為均屬故意實施。對原告造成了極大的精神損害。
83. 被告的行為是原告遭受傷害的直接原因。
84. 原告被剝奪自由，遭受了嚴重的身體和精神痛苦。
85. 因以上行徑，原告所受傷害應或賠償，待法庭判決， 應不少於 2000萬美元。
八、指控第肆條罪行（過失造成精神損害）
86. 原告指控內容已在上文提及，完整陳述。
87. 被告的行徑，包括對原告的強奸，毆打，對原告精神造成嚴重傷害。
88. 被告的行為是原告遭受傷害的直接原因。
89. 原告被剝奪自由，遭受了嚴重的身體和精神痛苦。
90. 因以上行徑，原告所受傷害應或賠償，待法庭判決，應不少於 2000 萬美元。
九、原告要求
基於以上，原告要求法院作出以下判決：
a )對於第壹 條指控， 根據法院判決 結果， 應賠償至少2,000萬美元， 並支付法定 利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
b )對於第贰條指控， 根據法院判決結果，應賠償至少2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
c )對於第叁條指控，根據法院判決結果，應賠償至少2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
d )對於第肆條指控，根據法院判決結果，應賠償至少 2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
e )對以上指控，對原告作出懲罰性賠償。
紐約
2017 年 9 月 7 日
附：《馬蕊狀告郭文貴強奸壹案訴狀》英文版：
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
RUIMA, Index. No.
-against-
Plaintiff,
VERIFIED COMPLAINT
GUO WENGUI a/k/a MILES KWOK and GOLDEN SPRING (NEW YORK) LTD.,
Defendants.
Plaintiff Rui Ma (“Plaintiff”), by her undersigned attorneys, as and for her verified complaint against defendant Guo Wengui a/k/a Miles Kwok (“Defendant Kwok”), and Golden
Spring (New York) Ltd. (a/k/a Shiny Times Holding Limited, Spirit Charter Investment Limited and Beijing Pangu Investment Inc.) ("Golden Spring") respectfully alleges as follows:
PRELIMINARY STATEMENT
1. Over a period of several years, Defendant Kwok carefully cultivated an image of himself as a cultured political dissident who stands up to -- and exposes the rampant corruption within -- the tyrannical government of the People's Republic of China (the "PRC").
2. This public persona, however, is a smokescreen, largely facilitated by Defendant Kwok's considerable personal wealth and prominent connections in the West.
3. In fact, this crafted fiction serves not only to satisfy tl1e ego of Defendant Kwok and those who affiliate with him; it further provides Defendant Kwok with a means to
mask the campaign of intimidation and terror he unleashes regularly upon those few of his employees, like Plaintiff, who dare not submit themselves entirely to his domination.
4. By this Complaint, Plaintiff seeks recompense from Defendant Kwok for his repeated acts of mental cruelty and sexual violence, so that Defendant Kwok -- who has fled the jurisdictions in which he could be held criminally responsible - might be held accountable in a civil forum for his wrongs.
THE:PARTIES
5. Plaintiff is a 28-year old woman who is a Chinese national and who was, at all relevant times relevant here, employed as a personal assistant to Defendant Kwok. Plaintiff swears to the accuracy of the claims set forth herein by the verification attached to this pleading.
6. Defendant Kwok is a 50-year old man, who is also a Chinese national.
7. At all relevant times, Defendant Kwok was, and remains, a New York resident living in the Sherry-Netherland Hotel in an apartment that has been valued at approximately $68 million, located at 781 Fifth Avenue, New York, New York.
8. Defendant Golden Spring is a Delaware Corporation affiliated with Defendant Kwok, authorized to do business in the State of New York.
9. Upon information and belief, Defendant Kwok has used, and continues to use, an alias, which he perpetuates via forged and false official travel documents in connection with his international travel, to avoid the detection of relevant authorities.
10. For exmple, on information and belief, Defendant Kwok has traveled under the Ho Wan Kwok and had official travel documents issued in that name, which is fictitious.
11. It has been reported that Defendant has now sought asylum in the United States, claiming that he has become "a political opponent of the Chinese regime."
12. Upon information and belief, Defendant's asylum application, which will allow him to remain in the United States perhaps for years, is nothing more than a ruse to allow him to continue to avoid answering for his crimes against Plaintiff in the PRC.
JURISDICTION AND VENUE
13. This Court has jurisdiction over this matter given that Defendant Kwok is a resident of the State of New York.
14. Venue in this County is proper pursuant to CPLR 503 since Defendant Kwok is a resident of this County.
FACTS SUPPORT CLAIMS
15. Defendant Kwok is a well-known Chinese national with an estimated net worth in excess of $2 billion.
16. Defendant Kwok has fashioned a particular persona via the media, such that he is lauded by some as a courageous dissident who has, at personal risk, detailed myriad allegations of corruption at the government of the PRC.
17. Not surprisingly, Defendm1t Kwok's claims have resulted in a fair 皿 ount of press coverage, both locally and abroad, wherein Defendant Kwok is depicted as a whistleblower - albeit one with an indisputably checkered past rife with allegations of economic fraud.
18. By his narrative, Defendant Kwok hopes to obtain political support for a petition for asylum in the United States, where he has yet to answer any of these the grave charges of misconduct pending in his homeland.
Plaintiff Is Lured Away from her Family and Friends
19. Perhaps emboldened by the respite from his foibles in China that afforded him by the status of his New York address and the prominence of his connections in the United States, Defendant Kwok commenced building an infrastructure that would allow for him to continue conducting business.
20. To this end, Defendant Kwok established for himself a staff.
21. Plaintiff, who was then employed by one of Defendant Kwok's China-based affiliated entities, was told that she was to travel to New York to meet with Defendant Kwok, in connection with a process that would require that she remain in the United States for only one week.
22. This was a ruse. Unbeknownst to Plaintiff, she would not return to her home until almost three years later.
Plaintiff's "Employment" Commences
23. After meeting Defendant Kwok for the first time in New York, Plaintiff realized that she had taken no ordinary business trip.
24. She was advised that she had arrived to act as Defendant Kwok's personal assistant.
25. In this capacity, she would be required to travel with Defendant Kwok to many different countries, including the United Kingdom ("U.K.") and the Bahamas.
26. Defendant Kwok further advised Plaintiff that, given that she was now in his employ, she could not at any point return to the PRC. If she did, Defendant Kwok warned, Plaintiff would be arrested and thrown in prison, where she would be tortured.
27. To ensure that Plaintiff did not leave on her own, Defendant Kwok forcibly took away Plaintiff''''s passport, and precluded Plaintiff from accessing it.
28. Defendant Kwok further closely monitor her access telephonic and electronic means of communication, choosing when she could use her phone and laptop, and obtaining from her the passwords she used for Facebook and other applications. He further had her internet browser monitored, so that he would be aware of any "inappropriate" website activity.
29. Defendant Kwok additionally forbad Plaintiff from independently fraternizing in any way with others outside his presence. She was to have permission to call her parents;no other contact with family or friends was permitted.
30. Plaintiff's isolation was exacerbated by the fact that she was not, at this time, a proficient English speaker. Accordingly, her limited opportunity to communicate with anyone while confined within Defendant Kwok's entourage in non-Chinese speaking countries was virtually non-existent.
31. As a result of Defendant Kwok's actions, almost immediately upon her arrival to the United States and at all relevant times thereafter, Plaintiff became Defendant Kwok's captive.
Defendant Kwok's Abuse Turns Physical
32. Once he had obtained physical control over her person, Defendant Kwok began in earnest his program of terror.
33. Among other things, for example, Defendant Kwok would require that Plaintiff until 2 a.m. or 4 a.m., seven days a week -- depriving her of any real opportunity to sleep.
34. When she made a mistake of any sort (whether it be defying one of Defendant Kwok's "rules" or simply failing to attend to a business matter to his liking), Plaintiff would be subject to obscene ridicule, where she would be called a "pig" and a "whore", about whom her parents would be ashamed.
35. This unrelenting verbal abuse was soon punctuated by acts of physical assault.
36. For example, while assisting in preparations for guests who were to arrive at Defendant Kwok's New York apartment, Defendant Kwok directed Plaintiff to go into the“cinema room."
37. Once there, Defendant Kwok pulled down his prults ruld underwear, and begrul to tear at Plaintiff's skirt **ld tights, physically battering her in the process.
38. Plaintiff plead with Defendant Kwok and thereby narrowly avoided rape on this one occasion. Yet without her passport and in constant fear for her own safety and that of her parents (whom Defendant Kwok had threatened to harm physically if she crossed Defendant Kwok in any way), Plaintiff remained in Defendant Kwok's captivity.
Defendant Kwok Rapes Plaintiff
39. Not long after the incident in the cinema room, Defendant Kwok directed Plaintiff to have drinks with him.
40. Plaintiff initially objected to this, indicating to him that she did not want to drink.
41. Defendant Kwok, however, insisted - after which Plaintiff relented with the hopes of avoiding the humiliating and rage-filled outburst that she knew would occur if she did not.
42. After some time, Plaintiff excused herself and went to her bedroom to sleep, only to be awoken by Defendant Kwok, who was lying on top of her and attempting to separate her legs.
43. Plaintiff yelled at Defendant Kwok to stop, but he refused to do so. Eventually, Defendant Kwok overpowered her, and engaged in forced sexual intercourse with Plaintiff, without her consent.
44. After this violence concluded, Defendant Kwok left Plaintiff alone, bleeding in her bed.
45. Plaintiff continued to live in constant fear of Defendant Kwok thereafter, remaining awake for as long as she could muster for fear that Defendant Kwok would again enter her room.
Defendant Kwok Rapes Plaintiff for the Second Time
46. Subsequent to this rape, Defendant Kwok's confinement and isolation of Plaintiff continued, and while at Defendant Kwok's London home, Plaintiffs was raped for a second time.
47. While Plaintiff was working Defendant Kwok entered the room where she was situated and locked the door behind him.
48. He violently pulled Plaintiff from her chair, and threw Plaintiff to the floor and began to tear at her clothing.
49. Plaintiff attempted to fight off Defendant Kwok's attack, engaging in a sustained physical struggle.
50. Again, however, Plaintiff, however, was ultimately overpowered by Defendant Kwok, who tore at Plaintiff's pants and underwear.
51. Throughout this entire struggle, Plaintiff begged Defendant Kwok to stop.
52. But Defendant Kwok did not stop, and instead coldly responded that Plaintiff must stop shouting.
53. Defendant Kwok proceeded to pin Plaintiff's hands together with one hand, so that she could no longer resist him, and put the full weight of his body on her.
54. Defendant Kwok then proceeded to use his legs to separate Plaintiff's legs and again forcibly raped her.
Plaintiff Escapes Defendant Kwok's Captivity and Reports Defendant Kwok to the PRC Criminal Authorities
55. As a result of Defendant Kwok's unrelenting emotional and physical abuse, Plaintiff fell into a deep depression.
56. She began to take as a given that her abuse would continue (and worsen) no matter how much she adhered to the rules that Defendant Kwok laid out for her.
57. Plaintiff determined that she would attempt to reach out to people in ways that Defendant Kwok did not yet anticipate or could not yet control given his confiscation of her identification and passwords for social medial like Facebook and Twitter, if for no other reason than her desperate need for kindness from anotl1er human.
58. Plaintiff then created a profile on a dating web application, and, upon receiving responses, would tentatively broach the subject of her mistreatment at tl1e hands of her employer.
59. Plaintiff utilized tl1e dating application because she knew that Defendant Kwok was monitoring all other social media outlets, e.g. Facebook and Twitter, and she had virtually no other means of privately communicating with the outside world.
60. This narrow band of potential access was soon thwarted, however.
61. On information and belief, one of Defendant Kwok's favored employees (there were a number of females in the office that willing engaged in intercourse with him) discovered the account Plaintiff created and revealed Plaintiff's activities.
62. Defendant Kwok's anger was extreme. After demeaning her in front of her colleagues he advised her that she would be subject to extreme punishment for her actions.
63. Plaintiff, fearing for her life and the safety of her parents, Chinese nationals whom Defendant Kwok threatened were accessible to him through his vast resources and could be harmed, planned picked an appropriate time for escape.
64. Without her belongings and with very little money, Plaintiff choose her best opportunity and fled from Defendant Kwok's London home.
65. Upon arrival at the Chinese Embassy, she was able to communicate with an attorney in the United Kingdom, and was assured she would be protected from any retaliation Defendant Kwok might pursue if she pressed charges.
Plaintiff File Criminal Complaints in the PRC
66. Following her return home, Plaintiff issued various written statements in connection with filing a criminal action against Defendant Kwok in the PRC.
67. In those statements, Plaintiff identified physical evidence of her allegations.
68. Upon information and belief, that physical evidence is now in the custody of the PRC criminal authorities and is, in part, the basis for an arrest warrant issued by the PRC.
69. Unfortunately, notwithstanding Plaintiff's escape from Defendant Kwok, his campaign of intimidation has continued.
70. For example, Plaintiff's parent have been contacted repeatedly by individuals who, upon information and belief, are agents Defendant Kwok.
71. Defendant Kwok has also taken to his twitter account, to post photos of Plaintiff (and her parents), as well as identifying information like her address.
72. Upon information and belief, these efforts are directed at silencing Plaintiff so that Defendant Kwok might avoid answering for his wrongs.
73. Defendant Kwok's shocking and outrageous conduct has caused serious and lasting physical and emotional damage to Plaintiff.
74. Defendant Kwok should be held responsible for his continuing acts of confmement, assault, and battery.
AS AND FOR A FIRST CAUSE OF ACTION
(Battery)
75. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
76. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
77. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
78. Defendant Kwok's acts constitute a battery upon Plaintiff in that Defendant Kwok intentionally attempted to and did in fact physically attack and injure Plaintiff.
79. Defendant Kwok's wrongful bodily contact constituted a grievous affront to Plaintiff.
80. Defendant Kwok's wrongful bodily contact was intentional, unauthorized, and grossly offensive in nature.
81. Defendant Kwok's wrongful bodily contact was unwarranted, without any just cause or provocation ai1d Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
82. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
83. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
84. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
85. The limitations on liability set forth in CPLR 1601 do not apply to this action.
86. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SECOND CAUSE OF ACTION
(Assault)
87. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
88. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
89. Defendru1t Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
90. Defendant Kwok's acts constitute fill assault upon Plaintiff in that DefendaJ1t Kwok intentionally threatened to **d did in fact physically attack aJ1d injure Plaintiff.
91. Defendant Kwok's wrongful bodily contact constituted a grievous affront to Plaintiff.
92. Defendant Kwok's threatened and actual wrongful bodily contact was intentional, unauthorized, m1d grossly offensive in nature.
93. Defendant Kwok's threatened and wrongful bodily contact was unwarranted, without any just cause or provocation and Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
94. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
95. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
96. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event Jess than $20 million.
97. The limitations on liability set forth in CPLR 1601 do not apply to this action.
98. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth CPLR 1602.
AS AND FORA THIRD CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
99. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
100. Defendant Kwok's conduct, by confining, forcibly raping and physically battering Plaintiff, without provocation or justification, was extreme, outrageous, and utterly intolerable in a civilized community and was otherwise conduct that exceeded all reasonable bounds of decency.
101. Defendant Kwok's conduct, desc1-ibed above, was intended to and did cause severe emotional distress to Plaintiff.
102. Defendant Kwok's conduct was tl1e direct and proximate cause of injury and damage to Plaintiff.
103. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering and was otherwise damaged and injured.
I04. As a direct and proximate result of 出e foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
I 05. The limitations on liability set forth in CPLR 160I do not apply to this action.
106. The limitations on liability set forth i.J.1 CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS ANO FOR A FOURTH CAUSE OF ACTION
(Negligent Infliction of Emotional Distress)
I 07. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
108. Defendant Kwok's conduct, in assaulting and battering Plaintiff, was careless and negligent as to the emotional health of Plaintiff, and did, in fact, cause severe emotional distress to Plaintiff.
109. The acts **1d conduct of Defendant Kwok was the direct and proximate cause of injury and damage to Plaintiff.
110. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering, and was otherwise damaged and injured.
Ill. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be detem1ined at trial but in no event less than $20 million.
112. The limitations on liability set forth in CPLR 1601 do not apply to this action.
113. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A FIFTH CAUSE OF ACTION
(Negligence)
114. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
115. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
116. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
117. At all relevant times, Defendant Kwok was Plaintiff's employer and thus had a duty to protect Plaintiff from injury while Plaintiff was performing the duties and responsibilities of her employment.
118. Defendant Kwok breached this duty by engaging in the conduct set forth in detail hereinabove.
119. As set forth above, Plaintiff was caused to be injured solely and wholly due to the negligence and carelessness of Defendant Kwok.
120. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional p**n and humiliation, was deprived of her liberty and was otherwise damaged and injured.
121. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
122. The limitations on liability set forth in CPLR 1601 do not apply to this action.
123. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SIXTH CAUSE OF ACTION
(False lmprisonment/Wrongful Confinement)
124. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
125. As a result of Defendant Kwok's actions as set forth above, at all relevant times, Plaintiff was under Defendant Kwok's control and captivity.
126. At all relevant times, Plaintiff was aware that she was being confined against her will.
127. Plaintiff did not consent to confinement by Defendant Kwok and, instead, confinement was imposed upon her as set forth above.
128. Defendant Kwok's wrongful confinement of Plaintiff was not authorized by law, regulation or otherwise.
129. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
130. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
131. The limitations on liability set forth in CPLR 1601 do not apply to this action.
132. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SEVENTH CAUSE OF ACTION
(Negligence As Against Defendant Golden Spring)
133. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
134. Upon information m1d belief, at all relevant times, Plaintiff was employed by Golden Spring, which is business entity owned and/or controlled by Defendant Kwok.
135. Upon information and belief, at all relevant times, Golden Spring owned, operated, managed, maintained, controlled, secured and supervised the Plaintiff's workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok.
136. Upon information and belief, at all relevant times, Golden Spring, as the owner, operator, supervisor and manager of Plaintiff's workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok, had a duty to protect Plaintiff from injury while Plaintiff was lawfully within such workspace.
137. Upon information m1d belief, that, as set forth above, on numerous occasions up
through including November 19, 2016, while lawfully within such workspace, Plaintiff was caused to be injured solely ** wholly due to the negligence and
C**elessness of Golden Spring in the ownership, operation, management, maintenance, control security and supervision of such workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok, without any negligence on the part of the Plaintiff contributing thereto.
138. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
139. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
140. The limitations on liability set forth in CPLR 1601 do not apply to this
action.
141. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
WHEREFORE Plaintiff respectfully requests that the Court enter judgment as follows:
(a) On the first cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(b) On tl1e second cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(c) On the third cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(d) On the fourth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less tl1an $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and furtl1er relief as this Court deems just and proper under the circumstances;
(e) On the fifth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(f) On the sixth cause of action against Defendant Kwok, in an 印 10unt to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(g) On the seventh cause of action against Golden Spring, in an 血 10unt to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'fees and costs, and such other and further relief as this Court deems just and proper under the circumstances; and
(h) On all causes of action, awarding Plaintiff punitive damages.
Dated: New York, New York September 11, 2017
ARKIN SOLBAKKEN LLP
[物價飛漲的時候 這樣省錢購物很爽]
已經有 2 人參與評論了, 我也來說幾句吧
9月14日，馬蕊狀告郭文貴強奸壹案訴狀內容曝光。
其中，郭文貴，又名郭浩雲，被指至少擁有香港、阿聯酋護照，香港、瓦努阿圖身份。
但訴狀未提及郭文貴是否有美國護照或身份。
可能基於此，郭文貴才在走投無路的情況下向美國移民局申請政治庇護。
根據美國相關法律規定，馬蕊壹直訴狀可能讓郭文貴的政治庇護申請化為泡影。
訴狀內容還披露，郭文貴目前擁有的資產在20億美元左右。
他利用巨額資金和西方的關系網將自身包裝成政治異見人士，並頻繁爆料中共腐敗問題。但這只是煙幕彈。
訴狀落款時間為2017年9月7日。
郭文貴或面臨法律制裁，政治庇護恐成泡影（圖源：Twitter KwokMiles）
附：《馬蕊狀告郭文貴強奸壹案訴狀》中文版：
原告：馬蕊，由Arkin Solbakken律所律師代理。
被告：郭文貴，又名郭浩雲，Miles Kwok。
壹、預先聲明
1.在過去幾年中，被告人精心將自己的形象打造為壹名政治異見人士，曝光中國政府內部的腐敗問題。
2.然而，這種偽造公眾形象只是其煙霧彈，是其通過個人雄厚的財富和與西方世界廣泛的人際關系包裝出來的。
3.被告人精心編造的故事不僅是為了自我滿足， 而且還是被告對包括原告在內的多名人員發起恐嚇攻勢的掩護。
4. 據此訴狀，原告要求被告對其施加的多次性侵犯行為予以經濟賠償，以便被告——其曾逃脫多次刑事司法制裁——接受民事法庭追究。
贰、當事人
5.原告為 28歲中國籍女性，在涉此案相關時間被被告雇傭為私人助理。原告發誓其訴狀所陳述指控屬實。
6.被告為50歲男性，持香港（護照號KJ0398054 ）、阿聯酋（護照號J11F59997 )護照，擁有香港[身份證號 P746467(7)]、瓦努阿圖身份。
7.被告曾、且目前仍居住與紐約第伍大道781號知名的 Sherry-Netherland酒店。
8.根據下文陳述，被告被媒體描述為“轉變為政治活躍者的中國億萬富豪”。
叁、管轄權和審判地
9. 法院擁有此案管轄權，鑒於被告是紐約居民。
10. 審判地符合CPLR501條款，鑒於被告是本國居民。
肆、支撐指控的事實
11. 被告是知名人士，資產估值20億美元。
12. 上文已陳述，被告通過媒體專門塑造了個人形象，被以“敢言異議人士”形象被稱贊，其在曼哈頓奢侈豪宅中冒個人風險做出大量中國政府腐敗指控。
13. 因此，被告的指控引發壹系列本地及國外媒體報道，被告被稱為勇敢的舉報人，雖然其也面臨經濟詐騙指控。
（壹）被告開始對原告發起暴力恐嚇
14. 被告利用在美國的關系，繼續開展商業活動。
15. 為此，被告尋找私人助理，並雇傭了原告。
16. 原告被要求與被告共同旅行，至包括美國、英國、巴哈馬等多個國家和地區。
17. 遺憾的是，原告乍看認為是好機會的工作，迅速轉變向其從未想象的方向。
18. 事實上，就在原告抵達紐約與被告共同後，被告強制收走原告護照，並不再歸還原告。
19. 被告隨後建議原告稱，鑒於原告已為其工作，她不可以再回到中國。被告警告稱，如果原告回國，將被捕入獄並被虐待。
20. 被告隨後禁止原告與除最親密家人外的任何人說話。並禁止原告與任何紐約本地或其他工作地點的人員交流。
21. 被告為實現完全孤立原告的目的，沒收了原告所有電子設備。
22. 被告將原告從外部世界全面孤立，並聲稱自己是她的唯壹救世主。
23. 例如，被告經常將原告限制在某壹房間內並將房間上鎖，直至被告決定將其釋放。
24. 原告的處境進壹步惡化，因為其當時並不是壹名流利的英語使用者。因此，其與外界溝通的幾率，在被被告囚禁在壹個非母語國家中的情況下，事實上是不存在的。
25. 由於被告的相關措施，原告完全處於被告的控制和監禁之下。
（贰）被告在紐約首次強奸未遂
26. 在對原告施加了身體與精神的控制後，被告開始發起熱切的身體與精神上的恐嚇。
27. 隨後，被告開始了壹系列性侵犯活動，原告為受害者。
28. 例如，某晚，原告正在被告住處，Sherry- Netherland 酒店為其會客做准備。
29. 出於未名原因，在當晚將其帶至“放映室”。
30. 被告將原告帶至放映室後，隨即將門上鎖，撕扯原告衣服，並對其進行擊打。
31. 原告得以離開房間時，鑒於沒有護照且無法和外界聯絡，且如果原告違背被告將面臨安全威脅，所以原告持續被被告囚禁。
（叁）被告對原告首次強奸
32. 此後，在巴哈馬，被告強追原告與其飲酒。
33. 隨後，原告告辭回房休息。
34. 不久，原告被被告喚醒。被告騎在她身上並企圖分開原告雙腿。
35. 原告高聲要求被告停止。但被告拒絕，最終暴力制服原告。
36. 被告在未得到原告同意的情況下強制與之發生性關系。
37. 暴行結束後，被告將流血的原告獨自留在房間。
38. 原告繼續生活在對被告的恐懼中，晚上不得不鎖上房門，並保持盡可能長時間的清醒狀態，以防被告再次進入房間實施強奸。
（肆）被告笫贰次強奸原告
39. 強奸後，被告對原告的囚禁仍在持續。
40. 第贰次發生在被告倫敦Prince's Gate辦公室內。
41. 原告正在工作時，被告走入房間。
42. 隨後被告將門反鎖。
43. 被告直接走向原告，將其粗暴從椅子上拽起。
44. 被告將原告摔在地上，開始嘗試撕扯其衣服。
45. 原告試圖並持續做出身體反抗。
46. 此時，原告試圖用手蓋住牛仔褲的扣子。
47. 原告最終被被告暴力制服，強行將手分開。
48. 原告被制服後，被告扯掉原告牛仔褲扣子，將其褲子與內褲脫掉。
49. 整個反抗過程中，原告乞求被告停止。
50. 被告拒絕，冷酷地告訴原告不要呼喊。
51. 被告將原告雙手控制住，以防其繼續反抗，並將身體押上。
52. 被告用腿分開原告雙腿，隨後實施強奸。
（伍）原告逃離並向中國警方報案
53. 最終，原告得以逃離被告控制。
54. 在壹位英國律師的幫助下，原告發表了壹封手寫的《個人聲明》，描述了上述內容，並向中國警方報案。
55. 隨後，原告向中國有關部門提供證詞並起誓陳述屬實，相關內容構成了本訴狀主要內容。
56. 聲明中，原告描述了被告在英國強奸後，於自己內褲留下精液的情況。
57. 接到報案後，中國警方將相關物證留存。相關證據是中國對被告發出第贰張全球通緝令的依據。
58. 被告令人震驚且膽大妄為的行徑對原告造成了嚴重且長期的身體與精神傷害。
59. 被告應對其非法囚禁、強奸、毆打等罪行負責。
伍、指控第壹條罪行（毆打）
60. 原告指控內容已在上文提及，完整陳述。
61. 如上文所述，被告對原告持續地采取了壹系列監禁、暴力及性侵行為。
62.被告對原告實施物理監禁，毆打，強奸。
63.被告的行為包括對原告的毆打，並實際實施且對原告造成身體傷害。
64. 被告通過身體接觸對原告施加痛苦的侵犯。
65. 這些接觸是故意的、未得到原告允許的且本質上極具攻擊性。
66. 這些接觸未經允許，亦無合理原因，被告也未遭挑釁。被告清楚其行為未得到原告允許。
67. 原告承受的傷害完全是由被告壹個人施加。
68. 因以上行徑，原告經受了嚴重的身體與精神痛苦，及羞辱，且被限制人身自由，否則其將遭到更多傷害。
69. 因以上行徑，原告所受傷害應或賠償，待法庭判決，應不少於2000萬美元。
六、指控第贰條罪行（強奸）
70. 原告指控內容已在上文提及，完整陳述。
71. 如上文所述，被告對原告持續地采取了壹系列監禁、暴力及性侵行為。
72. 被告對原告實施物理監禁，毆打，強奸。
73. 被告的行為包括對原告的強奸，並實際實施且對原告造成身體傷害。
74. 被告通過身體接觸對原告施加痛苦的侵犯。
75. 這些接觸是故意的、未得到原告允許的且本質上極具攻擊性。
76. 這些接觸未經允許，亦無合理原因，被告也未遭挑釁。被告清楚其行為未得到原告允許。
77. 原告承受的傷害完全是由被告壹個人施加。
78. 因以上行徑，原告經受了嚴重的身體與精神痛苦，及羞辱，且被限制人身自由，否則其將遭到更多傷害。
79. 因以上行徑，原告所受傷害應或賠償，待法庭判決， 應不少於 2000萬美元。
柒、指控第叁條罪行（故意造成精神損害）
80. 原告指控內容已在上文提及，完整陳述。
81. 被告的行徑，包括對原告的囚禁，強奸，毆打，是極端，粗暴，完全不能被文明社會所容忍的。
82. 被告行為均屬故意實施。對原告造成了極大的精神損害。
83. 被告的行為是原告遭受傷害的直接原因。
84. 原告被剝奪自由，遭受了嚴重的身體和精神痛苦。
85. 因以上行徑，原告所受傷害應或賠償，待法庭判決， 應不少於 2000萬美元。
八、指控第肆條罪行（過失造成精神損害）
86. 原告指控內容已在上文提及，完整陳述。
87. 被告的行徑，包括對原告的強奸，毆打，對原告精神造成嚴重傷害。
88. 被告的行為是原告遭受傷害的直接原因。
89. 原告被剝奪自由，遭受了嚴重的身體和精神痛苦。
90. 因以上行徑，原告所受傷害應或賠償，待法庭判決，應不少於 2000 萬美元。
九、原告要求
基於以上，原告要求法院作出以下判決：
a )對於第壹 條指控， 根據法院判決 結果， 應賠償至少2,000萬美元， 並支付法定 利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
b )對於第贰條指控， 根據法院判決結果，應賠償至少2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
c )對於第叁條指控，根據法院判決結果，應賠償至少2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
d )對於第肆條指控，根據法院判決結果，應賠償至少 2,000萬美元，並支付法定利息、罰金、律師費、相關費用及其他法庭認為合理合法的處罰。
e )對以上指控，對原告作出懲罰性賠償。
紐約
2017 年 9 月 7 日
附：《馬蕊狀告郭文貴強奸壹案訴狀》英文版：
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
RUIMA, Index. No.
-against-
Plaintiff,
VERIFIED COMPLAINT
GUO WENGUI a/k/a MILES KWOK and GOLDEN SPRING (NEW YORK) LTD.,
Defendants.
Plaintiff Rui Ma (“Plaintiff”), by her undersigned attorneys, as and for her verified complaint against defendant Guo Wengui a/k/a Miles Kwok (“Defendant Kwok”), and Golden
Spring (New York) Ltd. (a/k/a Shiny Times Holding Limited, Spirit Charter Investment Limited and Beijing Pangu Investment Inc.) ("Golden Spring") respectfully alleges as follows:
PRELIMINARY STATEMENT
1. Over a period of several years, Defendant Kwok carefully cultivated an image of himself as a cultured political dissident who stands up to -- and exposes the rampant corruption within -- the tyrannical government of the People's Republic of China (the "PRC").
2. This public persona, however, is a smokescreen, largely facilitated by Defendant Kwok's considerable personal wealth and prominent connections in the West.
3. In fact, this crafted fiction serves not only to satisfy tl1e ego of Defendant Kwok and those who affiliate with him; it further provides Defendant Kwok with a means to
mask the campaign of intimidation and terror he unleashes regularly upon those few of his employees, like Plaintiff, who dare not submit themselves entirely to his domination.
4. By this Complaint, Plaintiff seeks recompense from Defendant Kwok for his repeated acts of mental cruelty and sexual violence, so that Defendant Kwok -- who has fled the jurisdictions in which he could be held criminally responsible - might be held accountable in a civil forum for his wrongs.
THE:PARTIES
5. Plaintiff is a 28-year old woman who is a Chinese national and who was, at all relevant times relevant here, employed as a personal assistant to Defendant Kwok. Plaintiff swears to the accuracy of the claims set forth herein by the verification attached to this pleading.
6. Defendant Kwok is a 50-year old man, who is also a Chinese national.
7. At all relevant times, Defendant Kwok was, and remains, a New York resident living in the Sherry-Netherland Hotel in an apartment that has been valued at approximately $68 million, located at 781 Fifth Avenue, New York, New York.
8. Defendant Golden Spring is a Delaware Corporation affiliated with Defendant Kwok, authorized to do business in the State of New York.
9. Upon information and belief, Defendant Kwok has used, and continues to use, an alias, which he perpetuates via forged and false official travel documents in connection with his international travel, to avoid the detection of relevant authorities.
10. For exmple, on information and belief, Defendant Kwok has traveled under the Ho Wan Kwok and had official travel documents issued in that name, which is fictitious.
11. It has been reported that Defendant has now sought asylum in the United States, claiming that he has become "a political opponent of the Chinese regime."
12. Upon information and belief, Defendant's asylum application, which will allow him to remain in the United States perhaps for years, is nothing more than a ruse to allow him to continue to avoid answering for his crimes against Plaintiff in the PRC.
JURISDICTION AND VENUE
13. This Court has jurisdiction over this matter given that Defendant Kwok is a resident of the State of New York.
14. Venue in this County is proper pursuant to CPLR 503 since Defendant Kwok is a resident of this County.
FACTS SUPPORT CLAIMS
15. Defendant Kwok is a well-known Chinese national with an estimated net worth in excess of $2 billion.
16. Defendant Kwok has fashioned a particular persona via the media, such that he is lauded by some as a courageous dissident who has, at personal risk, detailed myriad allegations of corruption at the government of the PRC.
17. Not surprisingly, Defendm1t Kwok's claims have resulted in a fair 皿 ount of press coverage, both locally and abroad, wherein Defendant Kwok is depicted as a whistleblower - albeit one with an indisputably checkered past rife with allegations of economic fraud.
18. By his narrative, Defendant Kwok hopes to obtain political support for a petition for asylum in the United States, where he has yet to answer any of these the grave charges of misconduct pending in his homeland.
Plaintiff Is Lured Away from her Family and Friends
19. Perhaps emboldened by the respite from his foibles in China that afforded him by the status of his New York address and the prominence of his connections in the United States, Defendant Kwok commenced building an infrastructure that would allow for him to continue conducting business.
20. To this end, Defendant Kwok established for himself a staff.
21. Plaintiff, who was then employed by one of Defendant Kwok's China-based affiliated entities, was told that she was to travel to New York to meet with Defendant Kwok, in connection with a process that would require that she remain in the United States for only one week.
22. This was a ruse. Unbeknownst to Plaintiff, she would not return to her home until almost three years later.
Plaintiff's "Employment" Commences
23. After meeting Defendant Kwok for the first time in New York, Plaintiff realized that she had taken no ordinary business trip.
24. She was advised that she had arrived to act as Defendant Kwok's personal assistant.
25. In this capacity, she would be required to travel with Defendant Kwok to many different countries, including the United Kingdom ("U.K.") and the Bahamas.
26. Defendant Kwok further advised Plaintiff that, given that she was now in his employ, she could not at any point return to the PRC. If she did, Defendant Kwok warned, Plaintiff would be arrested and thrown in prison, where she would be tortured.
27. To ensure that Plaintiff did not leave on her own, Defendant Kwok forcibly took away Plaintiff''''s passport, and precluded Plaintiff from accessing it.
28. Defendant Kwok further closely monitor her access telephonic and electronic means of communication, choosing when she could use her phone and laptop, and obtaining from her the passwords she used for Facebook and other applications. He further had her internet browser monitored, so that he would be aware of any "inappropriate" website activity.
29. Defendant Kwok additionally forbad Plaintiff from independently fraternizing in any way with others outside his presence. She was to have permission to call her parents;no other contact with family or friends was permitted.
30. Plaintiff's isolation was exacerbated by the fact that she was not, at this time, a proficient English speaker. Accordingly, her limited opportunity to communicate with anyone while confined within Defendant Kwok's entourage in non-Chinese speaking countries was virtually non-existent.
31. As a result of Defendant Kwok's actions, almost immediately upon her arrival to the United States and at all relevant times thereafter, Plaintiff became Defendant Kwok's captive.
Defendant Kwok's Abuse Turns Physical
32. Once he had obtained physical control over her person, Defendant Kwok began in earnest his program of terror.
33. Among other things, for example, Defendant Kwok would require that Plaintiff until 2 a.m. or 4 a.m., seven days a week -- depriving her of any real opportunity to sleep.
34. When she made a mistake of any sort (whether it be defying one of Defendant Kwok's "rules" or simply failing to attend to a business matter to his liking), Plaintiff would be subject to obscene ridicule, where she would be called a "pig" and a "whore", about whom her parents would be ashamed.
35. This unrelenting verbal abuse was soon punctuated by acts of physical assault.
36. For example, while assisting in preparations for guests who were to arrive at Defendant Kwok's New York apartment, Defendant Kwok directed Plaintiff to go into the“cinema room."
37. Once there, Defendant Kwok pulled down his prults ruld underwear, and begrul to tear at Plaintiff's skirt **ld tights, physically battering her in the process.
38. Plaintiff plead with Defendant Kwok and thereby narrowly avoided rape on this one occasion. Yet without her passport and in constant fear for her own safety and that of her parents (whom Defendant Kwok had threatened to harm physically if she crossed Defendant Kwok in any way), Plaintiff remained in Defendant Kwok's captivity.
Defendant Kwok Rapes Plaintiff
39. Not long after the incident in the cinema room, Defendant Kwok directed Plaintiff to have drinks with him.
40. Plaintiff initially objected to this, indicating to him that she did not want to drink.
41. Defendant Kwok, however, insisted - after which Plaintiff relented with the hopes of avoiding the humiliating and rage-filled outburst that she knew would occur if she did not.
42. After some time, Plaintiff excused herself and went to her bedroom to sleep, only to be awoken by Defendant Kwok, who was lying on top of her and attempting to separate her legs.
43. Plaintiff yelled at Defendant Kwok to stop, but he refused to do so. Eventually, Defendant Kwok overpowered her, and engaged in forced sexual intercourse with Plaintiff, without her consent.
44. After this violence concluded, Defendant Kwok left Plaintiff alone, bleeding in her bed.
45. Plaintiff continued to live in constant fear of Defendant Kwok thereafter, remaining awake for as long as she could muster for fear that Defendant Kwok would again enter her room.
Defendant Kwok Rapes Plaintiff for the Second Time
46. Subsequent to this rape, Defendant Kwok's confinement and isolation of Plaintiff continued, and while at Defendant Kwok's London home, Plaintiffs was raped for a second time.
47. While Plaintiff was working Defendant Kwok entered the room where she was situated and locked the door behind him.
48. He violently pulled Plaintiff from her chair, and threw Plaintiff to the floor and began to tear at her clothing.
49. Plaintiff attempted to fight off Defendant Kwok's attack, engaging in a sustained physical struggle.
50. Again, however, Plaintiff, however, was ultimately overpowered by Defendant Kwok, who tore at Plaintiff's pants and underwear.
51. Throughout this entire struggle, Plaintiff begged Defendant Kwok to stop.
52. But Defendant Kwok did not stop, and instead coldly responded that Plaintiff must stop shouting.
53. Defendant Kwok proceeded to pin Plaintiff's hands together with one hand, so that she could no longer resist him, and put the full weight of his body on her.
54. Defendant Kwok then proceeded to use his legs to separate Plaintiff's legs and again forcibly raped her.
Plaintiff Escapes Defendant Kwok's Captivity and Reports Defendant Kwok to the PRC Criminal Authorities
55. As a result of Defendant Kwok's unrelenting emotional and physical abuse, Plaintiff fell into a deep depression.
56. She began to take as a given that her abuse would continue (and worsen) no matter how much she adhered to the rules that Defendant Kwok laid out for her.
57. Plaintiff determined that she would attempt to reach out to people in ways that Defendant Kwok did not yet anticipate or could not yet control given his confiscation of her identification and passwords for social medial like Facebook and Twitter, if for no other reason than her desperate need for kindness from anotl1er human.
58. Plaintiff then created a profile on a dating web application, and, upon receiving responses, would tentatively broach the subject of her mistreatment at tl1e hands of her employer.
59. Plaintiff utilized tl1e dating application because she knew that Defendant Kwok was monitoring all other social media outlets, e.g. Facebook and Twitter, and she had virtually no other means of privately communicating with the outside world.
60. This narrow band of potential access was soon thwarted, however.
61. On information and belief, one of Defendant Kwok's favored employees (there were a number of females in the office that willing engaged in intercourse with him) discovered the account Plaintiff created and revealed Plaintiff's activities.
62. Defendant Kwok's anger was extreme. After demeaning her in front of her colleagues he advised her that she would be subject to extreme punishment for her actions.
63. Plaintiff, fearing for her life and the safety of her parents, Chinese nationals whom Defendant Kwok threatened were accessible to him through his vast resources and could be harmed, planned picked an appropriate time for escape.
64. Without her belongings and with very little money, Plaintiff choose her best opportunity and fled from Defendant Kwok's London home.
65. Upon arrival at the Chinese Embassy, she was able to communicate with an attorney in the United Kingdom, and was assured she would be protected from any retaliation Defendant Kwok might pursue if she pressed charges.
Plaintiff File Criminal Complaints in the PRC
66. Following her return home, Plaintiff issued various written statements in connection with filing a criminal action against Defendant Kwok in the PRC.
67. In those statements, Plaintiff identified physical evidence of her allegations.
68. Upon information and belief, that physical evidence is now in the custody of the PRC criminal authorities and is, in part, the basis for an arrest warrant issued by the PRC.
69. Unfortunately, notwithstanding Plaintiff's escape from Defendant Kwok, his campaign of intimidation has continued.
70. For example, Plaintiff's parent have been contacted repeatedly by individuals who, upon information and belief, are agents Defendant Kwok.
71. Defendant Kwok has also taken to his twitter account, to post photos of Plaintiff (and her parents), as well as identifying information like her address.
72. Upon information and belief, these efforts are directed at silencing Plaintiff so that Defendant Kwok might avoid answering for his wrongs.
73. Defendant Kwok's shocking and outrageous conduct has caused serious and lasting physical and emotional damage to Plaintiff.
74. Defendant Kwok should be held responsible for his continuing acts of confmement, assault, and battery.
AS AND FOR A FIRST CAUSE OF ACTION
(Battery)
75. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
76. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
77. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
78. Defendant Kwok's acts constitute a battery upon Plaintiff in that Defendant Kwok intentionally attempted to and did in fact physically attack and injure Plaintiff.
79. Defendant Kwok's wrongful bodily contact constituted a grievous affront to Plaintiff.
80. Defendant Kwok's wrongful bodily contact was intentional, unauthorized, and grossly offensive in nature.
81. Defendant Kwok's wrongful bodily contact was unwarranted, without any just cause or provocation ai1d Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
82. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
83. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
84. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
85. The limitations on liability set forth in CPLR 1601 do not apply to this action.
86. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SECOND CAUSE OF ACTION
(Assault)
87. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
88. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
89. Defendru1t Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
90. Defendant Kwok's acts constitute fill assault upon Plaintiff in that DefendaJ1t Kwok intentionally threatened to **d did in fact physically attack aJ1d injure Plaintiff.
91. Defendant Kwok's wrongful bodily contact constituted a grievous affront to Plaintiff.
92. Defendant Kwok's threatened and actual wrongful bodily contact was intentional, unauthorized, m1d grossly offensive in nature.
93. Defendant Kwok's threatened and wrongful bodily contact was unwarranted, without any just cause or provocation and Defendant Kwok knew at all times that his actions were without the consent of the Plaintiff.
94. The injuries sustained by Plaintiff were caused wholly and solely by reason of the conduct described and Plaintiff did not contribute thereto.
95. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
96. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event Jess than $20 million.
97. The limitations on liability set forth in CPLR 1601 do not apply to this action.
98. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth CPLR 1602.
AS AND FORA THIRD CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
99. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
100. Defendant Kwok's conduct, by confining, forcibly raping and physically battering Plaintiff, without provocation or justification, was extreme, outrageous, and utterly intolerable in a civilized community and was otherwise conduct that exceeded all reasonable bounds of decency.
101. Defendant Kwok's conduct, desc1-ibed above, was intended to and did cause severe emotional distress to Plaintiff.
102. Defendant Kwok's conduct was tl1e direct and proximate cause of injury and damage to Plaintiff.
103. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering and was otherwise damaged and injured.
I04. As a direct and proximate result of 出e foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
I 05. The limitations on liability set forth in CPLR 160I do not apply to this action.
106. The limitations on liability set forth i.J.1 CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS ANO FOR A FOURTH CAUSE OF ACTION
(Negligent Infliction of Emotional Distress)
I 07. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
108. Defendant Kwok's conduct, in assaulting and battering Plaintiff, was careless and negligent as to the emotional health of Plaintiff, and did, in fact, cause severe emotional distress to Plaintiff.
109. The acts **1d conduct of Defendant Kwok was the direct and proximate cause of injury and damage to Plaintiff.
110. As a result of the foregoing, Plaintiff was deprived of her liberty, was subjected to serious physical and emotional pain and suffering, and was otherwise damaged and injured.
Ill. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be detem1ined at trial but in no event less than $20 million.
112. The limitations on liability set forth in CPLR 1601 do not apply to this action.
113. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A FIFTH CAUSE OF ACTION
(Negligence)
114. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
115. As set forth above, Defendant Kwok engaged in a series of continuous and related acts of confinement, physical violence and sexual attacks against Plaintiff.
116. Defendant Kwok has physically detained Plaintiff, hit her, grabbed her and forcibly raped her.
117. At all relevant times, Defendant Kwok was Plaintiff's employer and thus had a duty to protect Plaintiff from injury while Plaintiff was performing the duties and responsibilities of her employment.
118. Defendant Kwok breached this duty by engaging in the conduct set forth in detail hereinabove.
119. As set forth above, Plaintiff was caused to be injured solely and wholly due to the negligence and carelessness of Defendant Kwok.
120. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional p**n and humiliation, was deprived of her liberty and was otherwise damaged and injured.
121. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
122. The limitations on liability set forth in CPLR 1601 do not apply to this action.
123. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SIXTH CAUSE OF ACTION
(False lmprisonment/Wrongful Confinement)
124. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
125. As a result of Defendant Kwok's actions as set forth above, at all relevant times, Plaintiff was under Defendant Kwok's control and captivity.
126. At all relevant times, Plaintiff was aware that she was being confined against her will.
127. Plaintiff did not consent to confinement by Defendant Kwok and, instead, confinement was imposed upon her as set forth above.
128. Defendant Kwok's wrongful confinement of Plaintiff was not authorized by law, regulation or otherwise.
129. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
130. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
131. The limitations on liability set forth in CPLR 1601 do not apply to this action.
132. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
AS AND FOR A SEVENTH CAUSE OF ACTION
(Negligence As Against Defendant Golden Spring)
133. Plaintiff repeats and realleges the allegations contained in the foregoing paragraphs as if fully set forth herein at length.
134. Upon information m1d belief, at all relevant times, Plaintiff was employed by Golden Spring, which is business entity owned and/or controlled by Defendant Kwok.
135. Upon information and belief, at all relevant times, Golden Spring owned, operated, managed, maintained, controlled, secured and supervised the Plaintiff's workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok.
136. Upon information and belief, at all relevant times, Golden Spring, as the owner, operator, supervisor and manager of Plaintiff's workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok, had a duty to protect Plaintiff from injury while Plaintiff was lawfully within such workspace.
137. Upon information m1d belief, that, as set forth above, on numerous occasions up
through including November 19, 2016, while lawfully within such workspace, Plaintiff was caused to be injured solely ** wholly due to the negligence and
C**elessness of Golden Spring in the ownership, operation, management, maintenance, control security and supervision of such workspace and its employees, officers and/or agents within Plaintiff's workspace, including Defendant Kwok, without any negligence on the part of the Plaintiff contributing thereto.
138. As a direct and proximate result of the foregoing, Plaintiff was subjected to great physical and emotional pain and humiliation, was deprived of her liberty and was otherwise damaged and injured.
139. As a direct and proximate result of the foregoing, Plaintiff has been damaged in an amount to be determined at trial but in no event less than $20 million.
140. The limitations on liability set forth in CPLR 1601 do not apply to this
action.
141. The limitations on liability set forth in CPLR 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR 1602.
WHEREFORE Plaintiff respectfully requests that the Court enter judgment as follows:
(a) On the first cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(b) On tl1e second cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(c) On the third cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(d) On the fourth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less tl1an $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and furtl1er relief as this Court deems just and proper under the circumstances;
(e) On the fifth cause of action against Defendant Kwok, in an amount to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(f) On the sixth cause of action against Defendant Kwok, in an 印 10unt to be determined at trial, but in no event less than $20,000,000, along with interest
thereon as provided by law, punitive damages, attorneys' fees and costs, and such other and further relief as this Court deems just and proper under the circumstances;
(g) On the seventh cause of action against Golden Spring, in an 血 10unt to be determined at trial, but in no event less than $20,000,000, along with interest thereon as provided by law, punitive damages, attorneys'fees and costs, and such other and further relief as this Court deems just and proper under the circumstances; and
(h) On all causes of action, awarding Plaintiff punitive damages.
Dated: New York, New York September 11, 2017
ARKIN SOLBAKKEN LLP
[物價飛漲的時候 這樣省錢購物很爽]
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