Du Pont heir, ex-wife settle child sex abuse suit

Cris Barrish | The News Journal

The du Pont family heir who raped his 3-year-old daughter has reached a tentative settlement with his former wife in a sexual abuse lawsuit she filed on behalf of their two children, according to court records.

Attorneys for Tracy Richards filed a motion Friday seeking approval of the proposed settlement with Robert H. Richards IV in Sussex County Superior Court. A hearing before Judge Richard F. Stokes, which will be closed to the public, is set for Tuesday.

The motion was filed under seal, said Thomas Neuberger, one of Tracy Richards' attorneys, who said he could not provide details.

John D. Balaguer, attorney for Robert Richards, could not be reached late Friday.

If Stokes approves the terms, the settlement would mark a swift end to a case that shocked many inside and out of Delaware's legal system.

Richards, 48, who avoided prison after pleading guilty to the rape of his daughter, is a scion not only of the family that built a worldwide chemical empire in Delaware but also one that founded the prominent Wilmington law firm Richards Layton & Finger.

Depositions had been scheduled this month for Richards and his parents, former Richards Layton & Finger partner Robert H. Richards III and his wife Wendy. But the court docket shows that both depositions were canceled.

Tracy Richards' lawsuit, filed March 11, sought unspecified compensatory and punitive damages for assault, negligence and intentional and negligent infliction of emotional distress on her children.

Richards IV, who was originally charged with two counts of second-degree rape with a minimum of 20 years behind bars, pleaded guilty in 2008 to fourth-degree rape of his daughter. Fourth-degree rape carries no minimum prison time and sentencing guidelines used by judges and prosecutors urge zero to 30 months in prison.

The lawsuit also accused Richards IV of sexually abusing his toddler son around the same time he assaulted his daughter, but he has never been charged with a crime involving his son. The lawsuit cites statements that Richards made while on probation as evidence that he admitted in April 2010 that he sexually abused his son, who is now 10. Those assaults began around December 2005, when the boy was 19 months old, and continued for about two years, the lawsuit said.

VIDEO: Du Pont heir faces child sex lawsuit Robert H. Richards IV, a du Pont family heir who raped his 3-year-old daughter nearly a decade ago but received no prison time now faces a lawsuit from his former wife that accuses him of sexually abusing his toddler son. (3/18/14)

Police investigated a claim of abuse in 2010 without arresting Richards but authorities reopened the investigation after the lawsuit was filed.

The lawsuit's allegations came six years after Richards pleaded guilty in a criminal case that had not received media coverage. The fact that a man of great financial privilege never went to prison and that his sentencing judge, Superior Court Judge Jan R. Jurden, noted in her order that he "will not fare well in prison'' generated outrage in Delaware and beyond.

Jurden noted in her sentencing order for Richards that he "will not fare well in prison" and ordered probation. Jurden's notation incorporated an argument made by Richards' defense lawyer, Eugene J. Maurer Jr..

The judge's words led to a barrage of criticism and threats against Jurden, leading authorities to give her a security detail. Several members of Delaware's legal community rushed to her defense. Jurden, who was a candidate for a Supreme Court vacancy, did not receive the appointment.

Jurden gave Richards eight years of probation and ordered him to get treatment at an expensive mental hospital near Boston, although he never went to the out-of-state center. Richards is still on probation.

Staff reporter James Fisher contributed. Contact senior reporter Cris Barrish at (302) 324-2785, cbarrish@delawareonline.com or on Facebook.