G.F.B. -v- T.B. [2016] IEHC 97 (16 February 2016)

G.F.B. -v- T.B. [2016] IEHC 97 (16 February 2016)

The court found the plaintiff's evidence credible, consistent, and truthful regarding the sexual abuse by the defendant between ages seven and ten. The defendant's denials were rejected as untruthful. The court held that the plaintiff was entitled to damages for trespass to the person (sexual assault), even in the absence of a medical diagnosis of psychiatric injury, and that the circumstances warranted an award of aggravated damages due to the defendant's denial and lack of apology.

Citation
[2016] IEHC 97
Parties
Plaintiff: G. F. B.; Defendant: T. B.
Jurisdiction
Ireland
Judgment Date
16 February 2016
Procedural Posture
Civil Tort (sexual Assault) / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Sexual Abuse, Trespass to the Person, Damages Assessment, Aggravated Damages, Credibility of Witnesses
Tort Law Personal Injury Child Protection Sexual Abuse Trespass to the Person Damages Assessment Aggravated Damages Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

G. F. B.

Plaintiff

T. B.

Defendant

Procedural Posture

Civil Tort (sexual Assault) / High Court Judgment

Legal Issues

  1. 1 Whether the defendant sexually abused the plaintiff as alleged
  2. 2 Whether the plaintiff is entitled to damages for sexual assault
  3. 3 Assessment of credibility of parties and witnesses

Ratio Decidendi

The court found the plaintiff's evidence credible, consistent, and truthful regarding the sexual abuse by the defendant between ages seven and ten. The defendant's denials were rejected as untruthful. The court held that the plaintiff was entitled to damages for trespass to the person (sexual assault), even in the absence of a medical diagnosis of psychiatric injury, and that the circumstances warranted an award of aggravated damages due to the defendant's denial and lack of apology.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant held liable for sexual assault and trespass to the person
  • Plaintiff awarded general and aggravated damages (quantum to be assessed)