Warning: This story contains details of sexual assault and may be distressing to some readers.
A B.C. Supreme Court judge has ordered a man to pay almost $910,000 in damages to his stepdaughter who brought a civil lawsuit against him for sexual assaults.
In a June 2 decision, Justice Maegen Giltrow said the plaintiff, now 34, alleged her stepfather regularly sexually abused her from the age of three until she left the Surrey family home when she was 14.
The woman asked the court to find the man liable for the torts of sexual assault and battery as well as intentional infliction of mental suffering.
She further asked that damages be awarded to her for the injury and losses she has suffered as a result of the defendant’s wrongful actions.
The judge said she was satisfied those torts, wrongful acts leading to findings of civil liability, had been proven.
“I have no hesitation in concluding that the childhood sexual abuse at the hands of the defendant is a significant cause of the psychiatric injuries she suffers,” Giltrow said.
“She described by the age of eight seeing suicide as a way out — a ‘safety plan’ as she put it,” the judge said.
Giltrow said the man denied he committed the abuses alleged and, in the alternative, said he did not cause the injury and losses alleged by the woman.
However, the judge found he did commit the acts alleged and was liable for sexual battery and assault.
“The defendant’s actions during the years of the plaintiff’s childhood have caused serious harm to the plaintiff,” Giltrow said.
“Despite her determination and resilience at times throughout her life, and despite her demonstrated capacity to form meaningful and loving relationships with friends and people she has trusted over the years, the plaintiff has suffered significant psychological injuries due to the defendant’s actions,” Giltrow said.
Abuse of trust
Giltrow said aggravated and punitive damages were appropriate, given the vulnerable position of the plaintiff as the defendant’s stepdaughter and the abuse of the defendant’s position of trust.
Incidents involved the man showing the girl pornography and touching her intimate areas.
When she was three to four, the man would stare at her while she bathed, later rubbing her under the guise of washing her.
At one point, she discovered a peephole drilled in her bedroom wall. She was about 12 at that point.
The man denied many of the allegations.
“The defendant confirmed there were holes on each side of the wall of the home described by (the plaintiff) and that he heard from (her) mother that it was possible to see (her) bedside table area through the holes. He denies ever looking through the holes,” said the judge's ruling.
The judge said she found the woman to be credible and consistent in her testimony.
“The defendant was also calm and respectful in his conduct throughout his testimony,” Giltrow said, noting some of his testimony was inconsistent and not credible.
Broken down, the damages are:
• Non-pecuniary (general and aggravated) damages - $330,000;
• Punitive damages - $250,000;
• Past wage loss - $71,281 (less amounts paid to the woman for long-term disability);
• Loss of future earning capacity - $100,583;
• Special damages - $12,260;
• Costs of future care - $130,000; and,
• Health-care costs recovery claim - $15,727.
If you or someone you know is a victim of sexual assault, help is available.
- In an emergency, call 911
- In a crisis, call 1-800-563-0808
- To report a person under 19 who needs protection to the Ministry of Children and Family Development, call 310-1234 (no area code required)
You can find a full list of resources on the B.C. government’s website.
