A woman has sued a 61-year-old Overland Park man after he allegedly sexually assaulted her in parking garage by Nordstrom at Oak Park Mall in Overland Park, according to court documents.
The woman filed the lawsuit in Johnson County District Court this week against Thomas Duy, who was charged in November 2020 with one count of rape. He is scheduled to stand trial in late July.
An attorney for Duy did not immediately respond to a request for comment.
The woman met Duy in June 2020 through Zoosk, an online dating website and app, which allows people to meet online and message each other, according to the suit. Each person has a profile that includes biographical information such as age, physical appearance and interests.
Duy, who worked at the Community Blood Center in Kansas City at the time, had set up a profile providing personal information about himself, including his age, interests and photos. The profile misrepresented who he was, the woman contends.
The person in the photos were not Duy, rather someone much younger than him. At the time Duy was 59, but he stated he was much younger than that on his profile. He also misrepresented his name, according to the lawsuit.
The two exchanged messages on the Zoosk app and then exchanged cellphone numbers. After a couple days of messaging each other, they agreed to meet in person, according to the lawsuit. Duy suggested they meet on the second floor of the parking garage by Nordstrom, according the lawsuit.
At 10 a.m. on June 20, 2020, the woman drove to the second level of the parking garage. No one else was around when she arrived. Shortly thereafter, Duy parked in the row behind her.
When he arrived, the woman opened her door but then turned toward her passenger door to look for something in the console.
Duy allegedly reached into her vehicle, pushed her head and neck down and sexually assaulted her, according to the lawsuit. He then returned to his vehicle and drove off.
The woman contacted police and reported that she had been raped.
The woman contends that Duy “engaged in unconscionable, outrageous conduct beyond all bounds of decency and utterly intolerable in a civilized society.”
The woman claims she has suffered medically diagnosed distress and continues to experience, among other things, significant emotional and psychological trauma, pain, and extreme mental anguish.
She has also incurred unspecified medical expenses for treatment of her injuries, including therapy and counseling, according to the lawsuit.
She is suing him for outrageous conduct and negligent representation and is seeking an unspecified amount in compensatory damages and punitive damages.