Survivor Sues Rapist to Recoup Cash Perp Received in Court Settlement
/By David Brand
A survivor of sexual violence is suing her rapist in Queens Civil Supreme Court to obtain a chunk of cash the perp received in a settlement with the state related to spinal injuries he experienced in prison.
Michael Blaylock, the defendant in the lawsuit, was convicted of first-degree rape and second-degree rape and sentenced to up to 25 years in prison by the Nassau County Supreme Court in May 1997.
The victim — the plaintiff in the lawsuit filed in Queens on Dec. 18 — was 14-years-old at the time of the sexual assault in January 1995 and Blaylock was 39. The woman’s name is being withheld by the Eagle because she’s a victim of sexual assault.
Blaylock was paroled in August 2016, according to court documents.
During his time in prison, Blaylock sustained spinal injuries and, in July 2007, sued the state in federal court for the Eastern District of New York in a case known as Baylock v. Christin Montalbano.
Blaylock alleged that the state prison system had violated his federal constitutional rights “related to his injury and to correctional officials' subsequent deliberate indifference to his serious medical needs,” according to court documents.
In May 2017, Blaylock and the State of New York agreed to a $30,000 settlement. Ten percent of that settlement went to the attorney who represented Blaylock.
New York State Office of Victim Services obtained an order of protection to freeze the payment to Blaylock citing the Son of Sam Law, which prevents individuals from profiting from crimes they committed.
Martin R. Kanfer from the firm Kanfer Law filed a lawsuit against Blaylock on behalf of the victim who Blaylock had raped in 1995.
In the court filing, Kanfer stated that the plaintiff suffered “severe and serious physical injuries” as well as mental health effects from the rape. Kanfer also said that the plaintiff experienced a financial and vocational impact and is thus entitled to the Blaylock’s settlement.
“Plaintiff was prevented from following her usual vocation for a period of time and was further caused to be prevented from enjoying the normal fruits of her activities, both social and economic, all resulting in substantial monetary expense and loss,” Kanfer wrote.
Kanfer did not immediately respond to request for comment.
