Woman Appeals Sexual Assault Case

ATLANTA -- A Georgia woman wants the state court of appeals to reconsider her sexual assault case. Her attorney said a lower judge's decision may force future rape victims to reveal their entire sexual history in civil court.

She claimed a Mercer University classmate sexually assaulted her at his fraternity house in 2003. A judge determined lacerations do not prove rape, and that she had to list her past sexual partners, since only virgins can bring a case for sexual battery in civil court.

"For me to have to disclose my past, not that I was ashamed of that, it's just that fact that it was more embarrassing," said plaintiff Melanie Ross. "I felt I was being judged for what had happened."

Her attorney said she does not want to se t a precedent in other cases.

"What's at stake is the ability for women to be able to come forward about a sexual assault and not be punished," said Ross' attorney, Amanda Farahany. "For them to be able to come forward and bring a case of sexual assault without having to bring forth their entire sexual history."

Ross has accused Daniel Day, son of state Ga. State Rep. Burke Day, whose family founded the Days Inn hotel chain.

The defense attorney said the case had no merit. Then a Bibb County judge ruled the alleged victim must pay Daniel Day more than $150,000 in attorney fees.

"There was simply no evidence whatsoever to support the allegations," said Day's attorney, John Parker. "And it was, in our opinion, an unvarnished effort to extort money from a wealthy and prominent family. They just picked the wrong family."

"Mr. Day's ancestors did some great things, but that doesn't mean that Mr. Day should be absolved from anything he has done," said Farahany.

Ross' attorney said she plans to ask the Georgia Supreme Court to take a look at the case.