L.C. v D.C. [2018] IEHC 449 (25 July 2018)

L.C. v D.C. [2018] IEHC 449 (25 July 2018)

The court finds, on the balance of probabilities, that the plaintiff suffered sexual abuse as described, resulting in psychological injury. The evidence of the plaintiff and her brother is accepted as credible. Medical evidence supports the existence of characteristic symptoms of child sexual abuse, and causation is established between the defendant's actions and the plaintiff's injuries.

Citation
[2018] IEHC 449
Parties
Plaintiff: L. C.; Defendant: D. C.
Jurisdiction
Ireland
Judgment Date
25 July 2018
Procedural Posture
Personal Injury (sexual Assault) / Final Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Sexual Assault, Child Abuse, Psychological Injury, Limitation Periods, False Memory Syndrome
Tort Law Personal Injury Family Law Sexual Assault Child Abuse Psychological Injury Limitation Periods False Memory Syndrome

Case Brief

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Parties

L. C.

Plaintiff

D. C.

Defendant

Procedural Posture

Personal Injury (sexual Assault) / Final Judgment

Legal Issues

  1. 1 Whether the defendant sexually assaulted the plaintiff as alleged
  2. 2 Whether the plaintiff's psychological injuries were caused by the alleged abuse
  3. 3 Credibility and reliability of recovered memories

Ratio Decidendi

The court finds, on the balance of probabilities, that the plaintiff suffered sexual abuse as described, resulting in psychological injury. The evidence of the plaintiff and her brother is accepted as credible. Medical evidence supports the existence of characteristic symptoms of child sexual abuse, and causation is established between the defendant's actions and the plaintiff's injuries.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay damages to the plaintiff for personal injuries, loss, and damage
  • Costs awarded to the plaintiff