By Allison Perrine
MIDDLETOWN – A former Thompson Middle School student last week filed a lawsuit seeking $50 million in damages, alleging he was groomed and sexually abused by a former teacher for years, star ting at the age of 13.
Holmdel resident Blake A. Frank, now 40, says in a civil action lawsuit filed in state Superior Court Nov. 15 that former Thompson Middle School language arts teacher Sherry Lynn Diodato, née Sherry Lynn Far well, 59, “engaged in a calculated series of manipulation and grooming” of Frank between the ages of 13 and 16. He is now taking legal action against Diodato and the Middletown Township Board of Education.
Diodato, who retired in 2018, could not be reached for comment by press time Tuesday.
According to the complaint, at the time of the alleged abuse, Frank was a minor and resident of Lincroft. He attended the sixth- through eighth-grade school from approximately 1992-1995. Diodato (referred to by her maiden name from this point on, as is written in the complaint) was Frank’s language arts teacher during the 1994-95 school year when Frank was a 13-year-old eighth-grader and Farwell was 33.
While in class, Far well approached Frank “and touched different areas of his body, such as his knees” and told the 13-year-old that she viewed him as “special.” “It was apparent and obvious to other students and teachers that Ms. Farwell favored Blake,’ ” the complaint states.
It continues to say that Farwell later suggested to Frank that he visit her after school hours to review class material. At first, these sessions took place in her classroom “under the guise of academic ‘tutoring’ ” which his parents “encouraged”; they “viewed Ms. Farwell’s interest in Blake as a positive academic mentoring relationship.” Frank felt comfortable around Farwell and therefore had no concerns when she suggested moving the tutoring sessions to her house in Atlantic Highlands. There, the two sat on Farwell’s couch, smoked cigarettes that she provided and listened to music, the complaint claims.
After about a month of these tutoring sessions, which the complaint says “in hindsight was extensive grooming,” Frank “developed romantic feelings” for Farwell. It then dives into various accounts in which the two would engage in sexual acts, starting with kissing at her home or in local parks “depending on whether her then-fiancé, Dr. Diodato, was home” and escalating from there. Farwell ultimately took Frank’s virginity and the two routinely engaged in sexual acts over the course of three years, the complaint claims; she also wrote in his yearbook that she loved Frank “like a son” and fantasized that he would join her family as her adopted or surrogate child.
Frank did not tell anyone about the abuse for years because he “felt complicit and responsible” for it and feared Farwell would get in trouble. When he ultimately told his parents while in high school, Frank “threatened to harm himself if his parents reported her.” He has since developed depression, anxiety, feelings of worthlessness, shame and anger issues as a result of the abuse, all of which have required or will require counseling or other treatments, the claim continues. Frank is now seeking $50 million in damages.
In a phone call, Frank’s attorney, John W. Baldante, a partner with Levy Baldante Finney & Rubenstein P.C., explained that developing a monetary demand is not an exact science. It deals with insurance coverage, experience and potential verdicts. Oftentimes, “cases of child sex abuse are so horrific and so impactful that the jury verdicts do end up in those ranges,” he said.
Baldante, who has handled hundreds of sexual assault cases throughout New Jersey, said Frank’s decision to come for ward was difficult and long thought out, but he feels it’s important to address so other children aren’t victimized. “The old adage that sunlight is the best disinfectant is true and I believe that that’s what Blake is hoping to accomplish with this. It’s a difficult process to go through as a victim but it’s really important,” he said. “The average child who is sexually abused doesn’t speak out about their abuse until they reach age 50.”
According to the NJ Coalition Against Sexual Assault (NJCASA), state law allows all victims of sexual assault seven years to pursue civil action against any person who harmed them. Adult survivors of sexual childhood abuse have until the age of 55 “or seven years from the time that they became aware that their trauma is linked with financial harm” to come forward.
Additionally, state law allows for “a one-time, two-year lookback window” which allows abuse survivors to file lawsuits that were time-barred under the previous statute of limitations, NJCASA states. The window took effect Dec. 1, 2019 and will run through Nov. 30 of this year.
Baldante also addressed the stigma of sexual assault on young boys versus young girls, especially when it’s done by an older woman. “Young boys who are sexually abused are treated differently than young girls who are sexually abused,” said Baldante. “If the information is learned and discovered by others, those boys are usually patted on the back… and it really is dismissive of the emotional and physical imprint and impact that these acts have on these young boys. Those 13-year-old boy brains are just as immature as a 13-year-old girl brains, and their vulnerability as children are really no different.”
He added that Frank grew up truly believing that Far well was in love with her and she “led him to believe” that she was in love with him.
“She dangled the carrot of a future relationship together,” he said. It has left him with mental obstacles to face in life when it comes to intimacy, relationships with authority figures and more, Baldante said.
When asked if the Monmouth County Prosecutor’s Office (MCPO) intends to open a criminal investigation into the matter, MCPO public information officer Mark Spivey said the office “can’t confirm nor deny specific details related to investigations of this nature. “We encourage anyone who believes they were the victim of such a crime to contact authorities and report it,” he said. The Two River Times also reached out to representatives of the Middletown Township School District for comment on the matter but did not hear back by press time Tuesday.
If you or someone you know has been the victim of sexual assault, you can speak with a person who is trained to help by calling the National Sexual Assault Hotline at 800-656-HOPE (4673) or chat online at online.rainn.org. Within Monmouth County, you can also contact 180 Turning Lives Around on their 24-hour Hotline at 888-264-RAPE (7273) or 180nj.org.
The article originally appeared in the Nov. 24 – Dec. 1, 2021 print edition of The Two River Times.
