GLB v TH LTL 31/10/2012 EXTEMPORE
FACTS:-Between the ages of 11 and 16 the Claimant was sexually abused by her grandfather. The abuse had consisted of indecent assaults over and under he clothes, getting her to her to undress, to masturbate herself and use sex toys, to take inappropriate photographs of herself, to masturbate him, and twice attempting to rape her. The abuse occurred approximately once every one or two months for five years.
The Claimant left home aged 16 and lived with a boyfriend. She attended university to study for a career in education but in her third year she had to study a module about child abuse and was unable to cope. She also felt unable to take the primary school teacher training course that she had intended to take. She then worked for a charity for four years until she was made redundant, and had since worked for them for four hours per week. She was unable to have a full sexual relationship with her husband because of images that came back to her of the abuse, and she was overprotective of her daughter. She became depressed six months after giving birth. She suffered from adjustment disorder and some symptoms of anxiety and post traumatic stress disorder, and suffered severe flashbacks once or twice in the last two years. The expert concluded that the abuse had been the sole or main cause of G's psychological problems and that she would probably always have instability of mood, difficulty with relationships and be overprotective of her daughter.
JUDGEMENT:-Judge Leighton Williams QC said the abuse had taken place during the Claimant’s formative years, that the assaults were serious and that they had had an effect not only on the Claimant’s feelings but also on her relationships with others. It also had consequences for her career. There was a real prospect that with the passage of time and treatment, she would resume her career. The appropriate award for pain, suffering and loss of amenity was £67,500. £15,000 was awarded for aggravated damages taking into account that the abuse was in breach of trust, the emotional upheaval caused by the conflict of emotions because her grandfather was on the one hand nice and kind and on the other an abuser, and the loss of self-esteem resulting from the abuse. The Claimant would not be awarded damages for loss of parental support, since the evidence did not establish that the abuse had been the cause of her estrangement from her family. Furthermore her claim for past loss of earnings would be reduced for the fact that:-
FACTS:-Between the ages of 11 and 16 the Claimant was sexually abused by her grandfather. The abuse had consisted of indecent assaults over and under he clothes, getting her to her to undress, to masturbate herself and use sex toys, to take inappropriate photographs of herself, to masturbate him, and twice attempting to rape her. The abuse occurred approximately once every one or two months for five years.
The Claimant left home aged 16 and lived with a boyfriend. She attended university to study for a career in education but in her third year she had to study a module about child abuse and was unable to cope. She also felt unable to take the primary school teacher training course that she had intended to take. She then worked for a charity for four years until she was made redundant, and had since worked for them for four hours per week. She was unable to have a full sexual relationship with her husband because of images that came back to her of the abuse, and she was overprotective of her daughter. She became depressed six months after giving birth. She suffered from adjustment disorder and some symptoms of anxiety and post traumatic stress disorder, and suffered severe flashbacks once or twice in the last two years. The expert concluded that the abuse had been the sole or main cause of G's psychological problems and that she would probably always have instability of mood, difficulty with relationships and be overprotective of her daughter.
JUDGEMENT:-Judge Leighton Williams QC said the abuse had taken place during the Claimant’s formative years, that the assaults were serious and that they had had an effect not only on the Claimant’s feelings but also on her relationships with others. It also had consequences for her career. There was a real prospect that with the passage of time and treatment, she would resume her career. The appropriate award for pain, suffering and loss of amenity was £67,500. £15,000 was awarded for aggravated damages taking into account that the abuse was in breach of trust, the emotional upheaval caused by the conflict of emotions because her grandfather was on the one hand nice and kind and on the other an abuser, and the loss of self-esteem resulting from the abuse. The Claimant would not be awarded damages for loss of parental support, since the evidence did not establish that the abuse had been the cause of her estrangement from her family. Furthermore her claim for past loss of earnings would be reduced for the fact that:-
- her recent earnings had been reduced due to maternity leave
- she had some undeclared earnings
- there was no evidence that she had sought more than four hours work per week since being made redundant
- she had not yet taken the teacher training course
- she might not have found a suitable job (although a very small discount was made for that)