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

City of Nanaimo to issue alert as it moves to new emergency information system

Municipality will send out reminder Thursday, Nov. 21, asking residents to switch to new system

Front Street becomes permanent location for bus exchange

Nanaimo city council will look at safety upgrades, will work with RDN on design

‘Our culture is not a religion,’ indigenous educator tells Nanaimo court in case of smudging at school

Mother also gave evidence Tuesday in B.C. Supreme Court, case continues Wednesday

LETTER TO THE EDITOR: Time for a ban on leaf blowers

Loud noise can cause heart attacks, deafness and mental disorders, says letter writer

Nanaimo’s Kirkwood Academy presents 20th production of ‘The Nutcracker’

More than 150 dancers of all ages to participate in classic Christmas ballet Nov. 22-23

B.C. politicians view supermodel’s transition journey on Transgender Day

Liberal MLA Jane Thornthwaite and New Democrat MLA Spencer Chandra Herbert appear in the documentary

BC Ferries’ two new hybrid vessels set sail for B.C. from Romania

Two Island Class ferries to be in use by 2020

Distracted driving tickets not for ICBC revenue, B.C. minister says

Minister Mike Farnworth calls SenseBC analysis ‘nonsense’

CN Rail strike and lack of trucking alternatives stoke forest industry fears

Companies calling on the federal government to ‘do everything in its power’ to end the strike

Prime Minister Justin Trudeau unveils new Liberal cabinet

Pivotal role in his new cabinet for a minority-government era goes to Chrystia Freeland

B.C. mom, kids on bike turned away from Tim Hortons drive-thru

Car-free for years, Charity Millar ‘felt gross’ being denied service

B.C. woman puts call out for 10,000 personal, heartfelt Christmas cards for the homeless

Christmas Card Collective enters into third year of making spirits bright

No turn signals, double-parking among top concerns for B.C. drivers: poll

Two-thirds of B.C. drivers said that not using turn signals was their biggest pet peeve

1 dead, 2 seriously injured in crash with elk on Hwy. 18 in Cowichan

North Cowichan/Duncan RCMP were called to the scene at about 8 p.m. Tuesday night

Most Read