A Denver anesthesiologist cleared in criminal court of raping his nanny is now suing his accuser for lost wages and emotional damages in an unusual lawsuit that’s bound — once again — to come down to he said, she said.

A jury in February acquitted Jordan Sankel, 47, finding there wasn’t enough evidence showing he forced his nanny into sex. Three months later, he filed a slander and abuse-of- process lawsuit against the former nanny, asking for an unspecified amount greater than $100,000.

Her attorneys call the suit an “outrageous” attempt at retribution, and rape awareness counselors shudder at attaching potential civil penalties to filing a police report on an already underreported crime.

But criminal defense attorneys say civil litigation — though a very rare move — is one way an already acquitted defendant can fully prove his innocence and restore his reputation.

Any future jurors won’t decide whether the rape took place. They’ll have to determine whether the woman believed she’d been raped when she turned to police, said civil litigator Nelson Boyle.

All about perceptions

“That case sounds like a really hard case, in a way. Her perception is what’s at issue,” said Boyle, who recently successfully countersued on behalf of a man acquitted of unlawful sexual contact. “If she believes it to be true, then it’s not malicious.”

The woman, who is now countersuing but is not being named because she maintains she was a victim of sexual assault, looked after Sankel’s two young children for six months before the arrangement soured. On July 15, 2010, he took her out for an afternoon beer to celebrate her 23rd birthday, and they returned to his home after two drinks.

That’s where the stories diverge. He says she willingly walked up to his bedroom and consented to sex. She said at trial that he ushered her upstairs and had sex with her over her many objections.

Acquittal vs. innocence

Evidence showed sex took place, but didn’t convince the jury that force was used.

An acquittal isn’t a declaration of innocence; it means that jurors harbored a reasonable doubt, said Dan Schoen, executive director of the Colorado Criminal Defense Bar.

Schoen pointed out that a broader range of evidence on both parties is admissible in a civil trial, and defendants sometimes view seeking damages — even if they’re not likely to be paid — as a way to re-establish their reputations.

“You can lose a lot: your wife, your job and friends. When you’re innocent, being found not guilty isn’t enough,” Schoen said. “You’ve got to have the fire in the belly to say ‘I want to prove my innocence. Not guilty is not good enough.’ And you have to have means.”

There’s another reason suing because someone files a criminal complaint is rare: What people tell the police is protected speech as long they believe it’s true, said First Amendment attorney Christopher Beall.

And anything the woman said in court is completely protected, said Beall, whose firm represents media outlets including The Denver Post.

In early filings, Sankel’s attorney, Laurin Quiat, paints the nanny as ambitious, saying she wanted a relationship with the “wealthy, unmarried doctor” and then got angry when Sankel didn’t return the sentiment.

The lawsuit says Sankel, who couldn’t practice for nearly a year while under criminal investigation, “lost wages . . . and suffered irreparable damage to his personal and professional reputation, extreme and severe emotional distress, and humiliation, and is in fear for the safety of himself and his two young children.”

By filing a police report, the nanny caused prosecutors to file charges and therefore caused false allegations to be made public, the logic goes. She also reserved her right to sue for discrimination before the criminal trial started.

Accusers put on trial

“This was nothing more than a money grab. The jury didn’t believe anything she said,” Quiat said. “He was damaged like anyone else who was damaged, and he’s seeking redress.”

Accusers in rape cases — when they come forward — are often on trial as much as the alleged rapist, said Karmen Carter, executive director of Denver’s Rape Assistance and Awareness Program.

“People’s characters are put into question because they came forth and reported, which is so different than anyone else who reports a crime,” Carter said. “Taking a rape case to court, it’s just not fun.”

The woman’s countersuit asks for unspecified damages, but clearly outlines attorney Darold Killmer’s belief that the doctor’s lawsuit was filed in retaliation.

He said reporting a rape to police is not the same as defaming someone, and points out cops, prosecutors and a judge saw enough evidence to move forward.

“It’s outrageous that he sued her. I can’t believe he’s done this,” Killmer said. “He’s already hurt her terribly, and he’s trying again just because she had the courage to stand up.”

Jessica Fender: 303-954-1244 or jfender@denverpost.com