The High Court awarded €88,000 to a man who was sexually abused by a neighbour over a period of about two years when he was a teenager. The judgment, delivered by Mr Justice Kelly on 22 June 2005, followed an assessment of damages after the defendant consented to judgment. The court did not conduct a contested trial on liability.
The plaintiff’s claim arose from abuse that began in 1988, when he was 14. He told the court that the defendant, a regular visitor to his family home, sexually assaulted him on a vessel. The abuse continued in various settings, including a workshop where the defendant worked and a fishing vessel, and during a two-week holiday in Benidorm in 1989. The plaintiff said the abuse stopped around October 1990.
The defendant’s original defence denied the allegations and the injuries claimed. In March 2005, his solicitors informed the plaintiff’s solicitors that he would consent to judgment and have damages assessed. The matter therefore proceeded as an assessment of damages. The judgment records that a police investigation led to the defendant being prosecuted and that he was serving a prison term at the time; it does not specify the offence or sentence.
The judge found that the abuse contributed to the plaintiff’s later problems with alcohol and entitled him to substantial compensation. He awarded €85,000 for pain and suffering to date. He made no award for future pain and suffering, saying the evidence did not establish a basis for one. He noted that the plaintiff had held his current job for four years and was not expected to seek treatment or therapy.
The court refused exemplary damages, finding that the compensatory award was sufficient to mark disapproval and punish the wrongdoing. It also rejected a claim for aggravated damages based on the defendant’s earlier denial of liability, noting that a defendant is entitled to require a plaintiff to prove a case and that the denial was not maintained up to trial.
However, the judge awarded a further €3,000 in aggravated damages over a 2000 letter from the defendant’s then solicitors. The letter denied the allegations, sought an apology and compensation, and threatened proceedings against the plaintiff. The judge found that the threat was calculated to deter the plaintiff from bringing his action. The total award was €88,000, together with the costs of the proceedings.