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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

West Shore RCMP is asking for the public’s help in locating Mackenzie Courchene, a Langford teenager.
MISSING: Mackenzie Courchene last seen in Langford on March 2

West Shore RCMP is asking for the public’s help in locating the Langford teenager

Rendering of the proposed Esquimalt public safety building. (Courtesy Township of Esquimalt)
Esquimalt blazes new trail toward modern public safety building

Township using alternative approval process for first time to gauge public support for proposal

Landmarks such as Howard the giant gnome at Galey's Farm in Saanich make a stunning backdrop for celebratory dance in the Greater Victoria Festival Society trailer for its coming Dance Victoria campaign. (Screeshot/Greater Victoria Festival Society)
Residents’ videos help campaign Dance Across Victoria

Celebratory dance clips to be compiled into Greater Victoria Festival Society video

Saanich Fire Department. Black Press Media File Photo
Fire displaces three Saanich families from two homes

Saanich firefighters found the fire had spread to a neighbouring home upon arriving

An Island Health nurse prepares a dose of COVID-19 vaccine. (Photo courtesy Island Health)
Health authority opening 19 clinics to immunize Vancouver Island residents

Health authority anticipates more than 40,000 people will be immunized over the next month

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
‘It’s been a good week’: Tam hopeful on vaccines as pandemic anniversary nears

Tam says the addition of two new vaccines will help Canadians get immunized faster

Const. Allan Young. Photo: Abbotsford Police Department
Manslaughter charge laid in Nelson death of Abbotsford police officer

Allan Young died after an incident in downtown Nelson last summer

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

The Port Alice pulp mill has been dormant since 2015. (North Island Gazette file photo)
Parts recycled, life returning to inlet as as old Port Alice mill decommissioned

Bankruptcy company oversees de-risking the site, water treatment and environmental monitoring

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

(Black Press Media files)
Medicine gardens help Victoria’s Indigenous kids in care stay culturally connected

Traditional plants brought to the homes of Indigenous kids amid the COVID-19 pandemic

Most Read