Indecent assault victim files suit vs. her attacker

MEDIA COURTHOUSE » A 76-year-old Newtown Square man who pleaded guilty to an indecent assault charge last year is now the target of a civil suit filed by his 55-year-old victim.

Rose Sabatino has alleged civil claims for assault, battery and false imprisonment against former attorney John Gordon Berg, according to the complaint filed Monday in the Delaware County Court of Common Pleas.

The does not normally identify the victims of sex crimes, but Sabatino has decided to go public with her story, according to her attorney, Mark Sereni of DiOrio & Sereni.

Berg pleaded guilty before Delaware County Court of Common Pleas Judge George Pagano in October to one count of indecent assault without consent, a misdemeanor of the second degree, for which he was sentenced to one and a half years of probation, according to online court records.

Berg also was ordered to register as a sex offender under Megan’s Law for 15 years. Three other charges for indecent assault by forcible compulsion, unlawful restraint and false imprisonment were dismissed under the plea deal.

A call to Berg’s listed home number was not returned Tuesday and it was unclear whether he has an attorney.

The complaint states that Berg registered with care. com, a website that helps families find caregivers and housekeepers, at some point before June 7, 2016.

Berg posted on the website that he was looking for a part-time housekeeper at his residence on the first block of Dunminning Road, according to the complaint.

Court documents indicate Sabatino answered that ad and set up an interview with Berg on the morning of June 8. Upon her arrival, however, Berg allegedly told her that he was heading to work and asked that she return at 3 p.m.

As Sabatino went to leave, she said Berg changed his mind and decided to conduct the interview anyway, ushering her into a mudroom off the garage. After closing the door, Sabatino said Berg told her they had to be quiet because his wife was sick and asleep upstairs, though Sabatino said she never saw or heard the wife.

Berg then allegedly grabbed Sabatino by the shoulders and turned her body so she was facing him. He drew her close and fondled her breasts and genitals despite Sabatino’s pleas to stop and release her, according to the complaint.

Berg allegedly told Sabatino to “shush” and said, “You’re not going anywhere” during the assault. He also forced her to rub his genital area with her hand, telling her to “rub and rub hard” and “squeeze it harder,” the complaint says.

Sabatino claims that when she continued to protest, Berg told her to “shut her mouth” and ordered her not to scream. He also allegedly told her that no one would believe her because he was a lawyer and she is “just a cleaning woman.”

Berg had been admitted to practice law in Pennsylvania in 1967, but was disbarred in 1984 after pleading guilty to mail fraud and conspiracy in Philadelphia federal court for his role in a $4.5 million securities and tax scheme, according to the complaint.

Sabatino said Berg told her he would release her if she agreed to return to his home at 3 p.m. that day. She agreed, but went to her car and immediately called her fiancé to tell him what happened, then returned home and called the Pennsylvania State Police, according to the complaint.

Sabatino also notified Newtown Township Police and provided a statement to Detective William Moore at Newtown police headquarters later that day, the complaint says.

Berg sent a text to Sabatino at 3 p.m. that day indicating he was home and that she should come there, according to the complaint. Sabatino also notified Moore of the text.

Sabatino’s criminal complaint resulted in Berg’s arrest and eventual plea agreement. She now says she has suffered physical pain, mental anguish, embarrassment, humiliation, loss of the ability to enjoy the pleasures of life and other damages as a result of Berg’s alleged actions, for which she is seeking compensatory and punitive damages in excess of $50,000.

A judge had not been assigned to the case and no court dates had been set as of Tuesday.