Sexual assault victim awarded $189K in lawsuit against attacker
A 52-year-old woman has been awarded $188,914 for sexual abuse by her uncle more than 30 years ago.
The woman, referred to as N.L. in court documents to protect her identity, filed a lawsuit against J.-P.L. for damages from sexual assaults that began when she was around eight years of age and continued until she was 20.
The woman testified she was also sexually assaulted by her brother, her father and another uncle for periods from two to 15 years.
It was 2010 before N.L. was able to reveal the assaults against her. Criminal charges were then laid against J.-P.L.
The recent Bathurst Court of Queen's Bench judgment by Justice Larry Landry in the civil lawsuit does not state the outcome of the criminal proceedings, where N.L. lives now, or where she lived when the sexual assaults took place.
'Detailed testimony'
"N.L. gave emotional, highly detailed testimony about the pain she has suffered virtually all her life because of the sexual assaults she endured in her youth," states Landry in a translation of his ruling that was issued July 11 but has not been widely reported.
N.L. often thought about suicide and recalled four instances between the ages of 13 and 16 when she planned to kill herself.
"The sexual assaults have had a devastating effect on the plaintiff, both in her academic and work life and in her love and sex life," states Landry.
"She has always viewed sexual relations as a form of penance that causes her to relive the years of her youth.
"To the plaintiff, everything associated with sexuality became dirty," states Landry.
N.L was married for less than 10 years and has two adult children.
She has been in a relationship for the last five years.
PTSD diagnosis
Psychologist Fanie Fontaine-Zuchowski said N.L. suffers from post-traumatic stress disorder as a result of the sexual assaults.
"With her attacker 'protected' by the family and community and the deviant sexual behaviour apparently 'tolerated' by her family circle, she had to keep quiet for fear of being shamed or even excluded from the family circle, if not herself accused of inappropriate behaviour," wrote Fontaine-Zuchowski.
"She feels guilt and regret."
Landry noted the acts took place 30 years ago and the lawsuit was only filed in 2015, so "the limitation issue may therefore be a live one."
"However, because no defence was raised and J.-P.L. was noted in default, the limitation issue is not before me and I therefore cannot consider it."
Landry awarded N.L. $125,000 in general damages.
"Although this amount is higher than what is generally awarded in New Brunswick, I believe it to be appropriate under the circumstances.
"The duration and repercussions of the sexual assaults quite simply destroyed the plaintiff's childhood and much or her adult life as well. She is suffering the consequences and continues to need therapy to this day."
N.L. was also awarded $6,414 in interest, $19,000 in special damages for future care, $25,000 in punitive damages and $13,500 in legal costs.
