Judge upholds Dasen case award

A jury award of $2.2 million for a girl who sued former Kalispell businessman Dick Dasen for sexual assault and battery will stand.

U.S. Magistrate Bart Erickson last week affirmed the award by a federal jury in Missoula. He had to review it and could have adjusted the amount.

The girl sued Dasen for sexually assaulting her when she was 16. Because of her age, she is identified only by her initials. After a weeklong trial in December 2005, the jury found Dasen liable for $200,000 in compensatory damages and $2 million in punitive damages.

The teenager said Dasen sexually assaulted her when she and a 15-year-old girl agreed to "make out" with each other for him in exchange for money. She and her friend reportedly were paid $2,500.

The encounter went beyond the girls entertaining him, she said. It involved sexual contact with Dasen to which she did not agree.

She said his actions caused her emotional trauma and likely will result in psychological and medical expenses - the basis for the compensatory damages.

The seven-member jury reached its decision on compensatory damages after deliberating for three hours.

The jury also agreed with her plea for punitive damages. Her lawsuit said that Dasen "used his status of age, wealth and position to coerce and entice" her, preying on her youth and poverty to induce her into sexual acts in exchange for money.

Jurors determined the $2 million punitive award after an hour and a half of deliberation.

The girl sued Dasen after a series of prostitution-related charges were filed against him in Flathead County. He was convicted of sexual abuse of children, promotion of prostitution and four counts of prostitution; he is serving two years of a 20-year sentence in Montana State Prison.

The sexual assault happened before punitive damages were limited by law. The new law would have limited the damages to $10 million or 3 percent of Dasen's net worth, whichever was less. Erickson found that because the conduct occurred before the caps were enacted, the jury's award was proper.

Testimony at the civil trial indicated Dasen was worth from $5 million to $6 million when the incident with the girl happened. He testified that he is now $1.5 million in debt.

The girl recently filed another lawsuit, alleging that Dasen has transferred his assets to avoid paying damages to her and others who have sued him, including one of his former business partners. Last year, the state also filed a notice that Dasen owes $800,000 in taxes.

The U.S. District Court issued an injunction, stopping further transfers of Dasen's assets.

Filed in Flathead District Court, the recent fraud suit names Dasen, some of his family members and former business partners.

The girl, now 19, is represented by attorney Monte Beck of Bozeman. Dasen was represented in the civil trial by Tammy Wyatt-Shaw and John Bohyer of Missoula.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com.