Why The Payout Jared Fogle's Victims Will Get Is So Unusual

It's rare for offenders to have money rape victims can seek.

Jared Fogle, the disgraced former Subway spokesman who accepted a "historic" plea deal announced on Wednesday on charges of distributing child pornography and traveling to "engage in illicit sexual conduct with a minor" will pay $1.4 million in restitution to 14 of his victims -- $100,000 each. As civil litigator Carrie Goldberg explained to HuffPost Live on Thursday, such a payout is rare in sexual assault cases.

Goldberg, who handles sexual consent litigation, explained to host Zerlina Maxwell that it's "really unusual" for an offender to have money that victims can seek. 

"We just don't have very many cases where, number one, the offender has resources for the victim to go after," Goldberg said. "But, number two, where a victim is comfortable suing the offender. You know, there are a lot of reasons why it's very difficult."

But the $1.4 million in restitution Fogle has been ordered to pay to victims is a criminal requirement, Goldberg explained, which means victims can also pursue restitution in civil court.

"That [$1.4 million payment] has nothing to do with what victims could actually seek in civil court, so all of these victims could still sue him," Goldberg said. 

She added that while civil court is focused on victim compensation, "we all know that no amount of money can ever adequately do that." Still, suing a perpetrator for sexual assault in civil court isn't "tremendously different" from suing for any other injury, Goldberg explained, because regular tort law is used. 

"You know, we think it's OK to sue for a trip-and-fall or if you burn hot coffee all over your lap, but you can also sue your rapist," Goldberg said.

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