Man ‘scared straight’ as teenager gets $175,000 in damage award from B.C. court

Justice Jennifer Duncan ruled the sexual assault took place and the province is liable

A man who was required to visit a notorious British Columbia prison as part of a “scared straight” program has been awarded $175,000 in damages for a sexual assault that happened during the tour.

The man, only identified by his initials in the judgment, was 14 in the late 1970s when he was placed on probation for breaking and entering.

The B.C. Supreme Court decision says as part of his probation he was required to take a tour of the now-closed Oakalla prison and was sexually assaulted after a corrections officer forced him into a cell with five inmates.

The man’s lawsuit named the British Columbia government and Roderic MacDougall, a former prison guard who was convicted for indecent and sexual assaults against prisoners.

READ MORE: Guards hold noon-hour protest over safety in front of Fraser Regional prison

Justice Jennifer Duncan ruled the sexual assault took place and the province is liable, but the plaintiff couldn’t establish that MacDougall was the officer who facilitated the attack.

She awarded the man, who is now 54 years old, $150,000 in damages and $25,000 for the cost of future care, plus his legal costs.

“The structure and operation of the youth tour program in 1978 left a great deal to be desired from a modern perspective, to put in mildly,” Duncan said in her ruling posted Wednesday.

“The officers were left to choose the inmates they felt were appropriate to interact with the youth” said the judge, who noted that the youth could have been exposed to inmates facing sex charges.

“The youth were subjected to catcalls and verbal abuse by inmates, but that seemed to depend on whether the youth appeared suitably chastened by the experience. The purpose of the program was, after all, to scare children into disavowing a life of crime.”

Several successful civil court lawsuits from other prisoners were filed against MacDougall.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Sooke council backs nuclear weapons ban

Mayor believes the municipality’s role includes global issues

Artificial reef created off East Sooke

Divers are discovering plenty of new sea life

Vaping a growing problem in Sooke school district

Island’s chief medical officer raises the alarm

VicPD cuts its Crime Reduction Unit in response to budget constrictions

The CRU worked to reduce crime in the downtown core

Man hit by vehicle while sitting on a curb near Our Place in Victoria

Emergency crews cleared the scene shortly before 11 a.m.

VIDEO: Clip of driver speeding past B.C. school bus alarms MLA

Laurie Throness of Chilliwack-Kent says he will lobby for better safety measures

Olympic skier from B.C. suing Alpine Canada after coach’s sex offences

Bertrand Charest was convicted in 2017 on 37 charges

B.C. senior’s car vandalized for more than 18 months

Retired RCMP officer determined to catch ‘tagger.’

VIDEO: Driver doing laps in busy Vancouver intersections nets charges

Toyota Camry spotted doing laps in intersection, driving towards pedestrians

Former Canucks goalie Roberto Luongo to retire

‘Bobby Lou’ calls it a career after 19 NHL seasons

Man charged in crash that killed B.C. pregnant woman

Frank Tessman charged for 2018 Highway 1 accident where Kelowna elementary school teacher died

Province unveils 10-year plan to boost mental health, addiction recovery services

The plan, called A Pathway to Hope, focuses on early-intervention services that are seeing high demand

Rock slide in B.C. river may hinder salmon passage

DFO says it is aware that the slide occurred in a narrow portion of the Fraser River

Most Read