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

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

The Tsow-Tun Le Lum Society, which has been operating a treatment centre on land leased from the Nanoose First Nation for 35 years (pictured), has begun a fundraising campaign to open a new centre near Duncan. (Tsow-Tun Le Lum Society photo)
New Indigenous treatment centre to be built near Duncan

Centre will help survivors of residential schools

Rick Ruppenthal of Saltair will host a 12-hour talk-a-thon Friday, June 18 over Facebook live. (Photo submitted)
Talk-a-thon to focus on men’s mental health issues

Saltair man spearheading a campaign to generate more conversation during fundraiser

Cowichan Tribes man Adrian Sylvester is worried that he was targetted by a trailer hitch thrown from a vehicle. (Facebook photo)
Cowichan Tribes man worried he was target of trailer hitch

Adrian Sylvester says no one has reported a missing hitch after one nearly hit him

Mariah Segee (centre) was named 2021 Lady of the Lake last Saturday, with Megan Rowbottom (left) as first princess, and Macey Anderson (right) as second princess. (Submitted)
Lady of the Lake returns to Lake Cowichan

Mariah Segee takes the crown in first pageant since 2018

Darren Campbell's truck was stolen when he stopped to check on a car in a ditch (pictured) on Cowichan Bay Road on Monday morning. (Facebook photo)
UPDATE: Cowichan Bay Good Samaritan’s stolen truck recovered

‘Very much appreciated the help from so many people. I hope the very best for all of you’

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

Graeme Roberts, who was mayor of Nanaimo from 1984-86, died this month at age 89. (Photo courtesy Nanaimo Community Archives)
City of Nanaimo flags at half-mast as former mayor Graeme Roberts dies at 89

‘Giant-killer’ beat out Frank Ney in mayoral election in 1984

Most Read