A 54-year-old B.C. man who was raped as a teen whereas on a court-mandated tour of a infamous Burnaby jail has been awarded not less than $175,000 in damages.
The ruling got here down within the B.C. Supreme Courtroom on Tuesday, in a go well with that named the Province of B.C. and a former jail guard.
The sufferer, recognized solely as B.E.S. as a result of he was minor on the time, was being taken on a “scared straight” tour of the now-shuttered Oakalla jail — a part of a parole sentence for a break and enter he participated at age 13 or 14.
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The aim of the tour was meant to reveal B.E.S. to the implications of felony life and affect him to stay a life on the correct aspect of the regulation.
Oakalla on the time was over capability, with deteriorating circumstances and a risky mixture of inmates convicted of small offences hardened criminals awaiting trial.
One former inmate described it as “only a s—gap,” and “dumping floor for B.C.”
When B.E.S arrived on the jail for his tour, the courtroom heard he was handed off to a guard who he mentioned took him to a jail cell with 5 inmates in it.
He advised the courtroom the guard shoved him into the cell with the inmates and locked the door, then advised him that the inmates would present him what jail life was like.
The courtroom heard that the inmates tried to make B.E.S. carry out oral intercourse on one in all them, and that three of them then raped him whereas the guard laughed.
B.E.S. advised the courtroom that after the assault there was blood on the ground, and that the guard advised him “That’s what occurs to little f—ers such as you,” and, later, that “No person’s going to consider you.”
The courtroom heard that within the years after the assault B.E.S started utilizing marijuana, cocaine and alcohol.
In response to the ruling, he misplaced pals, started to undergo from low-self value and tried suicide 4 occasions — together with an try at “suicide by cop” in 2017 when he known as 911 and reported himself as “man with a knife” in a car parking zone.
In her ruling, Madam Justice Jennifer Duncan mentioned she discovered B.E.S.’s account of the assault credible, noting that he recalled particulars in step with the group of Oakalla and its inmates on the time.
She discovered that the assault left him with flashbacks, nightmares, issue with sexual functioning and intimacy, PTSD and substance abuse issues.
“I discover that B.E.S. has suffered substantial psychological difficulties because of the assault,” she wrote.
“The sexual assault of B.E.S. was a single occasion, however it was brutal and I settle for that it continues to have an effect on his day-to-day functioning nicely into maturity.”
Nonetheless, Justice Duncan rejected B.E.S.’s declare that former guard Roderick David MacDougall was the officer who facilitated the assault.
Whereas MacDougall had been convicted of different sexual assaults, Justice Duncan dominated there wasn’t sufficient proof to show he was the officer on this case.
“From the proof, it’s obvious that B.E.S. grew to become conscious of Mr. MacDougall by a counsellor he was seeing. B.E.S. candidly agreed that he ‘assumed’ Mr. MacDougall was the escort officer, based mostly on data from his counsellor,” reads the ruling.
Justice Duncan additionally rejected B.E.S’s declare that the province was negligent in his case.
“The foregoing options of a supposedly instructional program are stunning in immediately’s context, the place there’s a heightened consciousness that sexual assault basically, and in opposition to kids specifically, is an insidious social drawback,” reads the ruling.
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“However I can’t discover from the proof adduced that the Province had the requisite foresight of the dangers concerned within the youth tour program to be discovered liable in negligence.”
Justice Duncan awarded B.E.S. $125,000 in non-pecuniary damages and an extra $25,000 for the price of future care.
The province, nevertheless, might find yourself having to pay out extra, as she deferred particular and punitive damages pending a choice on legal responsibility.
Counsel was given 30 days to schedule additional hearings on these damages.