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N.S. woman wins damages from ‘trusted’ man who sexually assaulted her

Dec 30, 2016 | 10:45 AM

HALIFAX — A Nova Scotia woman has won $160,000 in damages from a once-trusted man more than twice her age who sexually assaulted her.

“There is no rational explanation for his conduct other than simple selfish, callous lechery,” Justice Gregory Warner said in a decision released Friday.

The woman, who was 23 at the time, sued the man after he forcibly touched her genitals when she booked a ride at his horse-riding stables on Sept. 14, 2010.

The man insisted she had come on to him, and he only touched her “on her belly.”

But the Nova Scotia Supreme Court judge said he believed her.

“Her evidence … make sense,” the judge said. “His evidence made no sense whatsoever.”

The ruling noted the woman had been sexually assaulted twice previously and suffered from depression, but was social and enjoyed hobbies. But since the 2010 assault, her life spiralled “out of control.” She had attempted suicide and was diagnosed with severe PTSD.

Criminal charges were dropped against the man, who was 54 at the time, because of her mental state, according to the ruling.

The woman had known the older man since she started horse riding when she was 11 or 12 years old. “She trusted (him) and had a good relationship with him,” the ruling said.

On that morning in 2010, though, she testified he asked her questions about her sexual relationship with her boyfriend as they rode together, and made sexual suggestions to her.

“It was the first time he came across as creepy,” said the judge.

After the ride, she tried to leave, but he forcibly walked her into his house and locked the door, according to the ruling. She feared for her life, and repeatedly said “no” as he pulled down her pants.

She ran into a bathroom, and called and texted her then-boyfriend for help. 

Her ex-boyfriend testified he heard the older man break into the bathroom as they talked, and heard the man tell her he had touched her.

The woman was a lot smaller than the man, and managed to escape through his legs and flee the house.

She said he yelled after her: “Please come back. Don’t call the police. Please don’t do this to me.”

The man testified that she had tried to seduce him, but said she needed to go to the washroom first and once inside the bathroom, she began screaming.

The judge said he didn’t believe the man.

“I accept her evidence that there would have been no reason whatsoever for her to initiate sexual contact,” noting her “visceral” denial of a defence lawyer’s suggestion she found the moment exciting.

The woman’s then-boyfriend said she changed significantly after the assault, and he was unable to handle her personal issues and said he “had to move on for his own benefit,” according to the ruling. 

She is suicidal and now lives at home, with her mother present constantly. She has been treated for several overdoses, and once went to a Halifax bridge to kill herself.

She fears, and avoids, men.

“There is no justification or excuse advanced by (the man) that can diminish the deliberate, selfish and callous invasion of (her) integrity and personality,” said the judge.

The judge awarded her $140,000 in general damages, and another $20,000 in punitive damages.

Rob Roberts, The Canadian Press