WEST VIRGINIA RECORD

WINFIELD – A Putnam County parent has sued a couple after his daughter was sexually assaulted by the man at their home.

Robert J. filed his complaint against Dan and Kim Cecil in Putnam Circuit Court on March 9 as the parent and next friend of K.L.J., his daughter.

The complaint says that on the night of July 3, 2005, the daughter was staying at the Cecil residence in Winfield. Neither the girl's name nor age are included in the civil complaint.

"During the night of July 3, 2005, and into the morning of July 4, 2005, while at the defendants' residence, K.L.J. was sexually assaulted by the defendant, Dan Cecil," the suit states.

According to published reports, Cecil molested two girls girls on separate occasions in his Winfield home while they slept over as friends of his children.

The second victim -- the one at the heart of this civil case -- said at Cecil's criminal trial that she awoke to find him fondling her in a spare bedroom at the home. The first victim, who was molested in 2002, had kept silent about her assault, but came forward once those allegations were made, newspaper reports say.

Cecil was found guilty of the charges in a criminal trial in February 2006. He was sentenced to 10-20 years in the state penitentiary, according to court documents.

However, Cecil is seeking a reversal of his conviction upon three felony counts, including one count of first-degree sexual abuse and two counts of sexual abuse by a guardian or custodian. His motion was heard by the state Supreme Court on Jan. 24, and it was granted 3-2. The argument before the Court has yet to be set, according to the state Supreme Court clerk's office.

In the civil complaint, the defendant says the Cecils "both had a duty to properly supervise K.L.J. while she was at guest at their residence and to provide her with a reasonably safe rest place in which to spend the night."

The suit also says Dan Cecil "had a duty to refrain from making any physical or sexual contact" with the girl. The suit says Cecil breached that duty by sexually assaulting the girl. It also says Dan Cecil's conduct was "intentional, deliberate, willful, wanton and with reckless disregard to the civil rights" of the girl.

The plaintiff seeks compensatory damages for his daughter's physical and mental injuries, embarrassment, loss of enjoyment of life, past and future medical bills for counseling, punitive damages and attorney fees.

Charleston attorney Timothy J. LaFon is representing the plaintiff, and the case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.

Case number: 07-C-71