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Jan 8, 2020

Rape Victim to be Financially Compensated for Damages

Anthony Sylvestre

According to Sylvester, there is still the matter of compensation. He must now, within weeks, make submissions detailing personal injuries on behalf of his client after which the justice will make a ruling on how much damages the victim will be awarded.

 

Anthony Sylvestre, Attorney for Claimant

“The relevant or significance of this is that some persons may be unaware the law has actually development where the prison authorities have a duty of care. That duty is placed on them to ensure that persons, inmates that they are protect and that fellow who commit harm against then and that harm is foreseeable, that the harm one can anticipate that I can occur. The prison authorities would in fact actually be liable. So in this specific instance, the claimant having been raped the first time it would have been foreseeable that him remaining in that same cell with that same individual that it was quite possible that that horrific incident could have been repeated and that in fact regrettably that it was repeated. On that basis, the claimant was successful. So we are at the next state where the court will make an award as to relevant compensation or damages that is supposed to be given. Now damages are usually given for the actual personal injuries that are sustained and whatever consequential distress, emotional, psychological distress or either loss that may have been occasioned.”


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