In a case of sexual harassment including sexual assault and battery, Tom represented a female Employee who asserted that her Supervisor forced her to have non-consensual intercourse on five separate occasions. After the last sexual encounter, Tom’s Client cleansed herself with a towel after engaging in intercourse. The Supervisor expressly denied that he had intercourse with the Employee. Tom sent the towel to a forensic expert to test it for DNA. The DNA results showed that there was male sperm on the towel. Tom made a motion to compel the Supervisor to submit to DNA testing.
On the date, the Supervisor was to have his DNA tested and matched against the results, the case settled for the sum of $800,000.