20 July 2007 Irish Examiner Newspaper
Suicide victim?s family win landmark case against abuser
By Conor Kane
THE family of a Kilkenny woman who was sexually abused as a child and later took her own life have won a landmark civil case for wrongful death against her abuser.
The family of 26-year-old Jane Roberts, who committed suicide in 2000, 18 years after being assaulted and sexually abused in a public swimming pool in Thurles, were awarded damages of ?25,395 yesterday at Clonmel Circuit Court.
Afterwards, her parents described Judge Alice Doyle?s ruling as ?a triumph for Jane, our daughter? and encouraged the families of other abuse victims to take similar actions against the perpetrators. Judge Doyle found the sexual abuse caused psychiatric illness in the victim which, in turn, led to several suicide attempts and, eventually, death.
The case was taken by father, Dave Roberts, of Coolcashin, Gathabawn, Co Kilkenny, on his own behalf and on behalf of his wife Lil and Ms Roberts? twin sister Sarah, 32, and brothers Paul, 35, and Francis, 29.
The defendant was their neighbour and retired postman, John Bowden, 62, of Baleen, Gathabawn.
Through his legal team at the original hearing last month in Kilkenny, he admitted to and apologised for the abuse but denied Ms Roberts? death was linked to the abuse.
Her father said after the judgment: ?She was maliciously and viciously attacked by this creature and this is her victory and her triumph.?
The family were awarded costs. The ?25,395 in damages was the maximum amount allowed under the Civil Liability Act in a case where the death of someone is claim-ed to have been caused by the actions of another.
However, the family said money was never an issue in pursuing the case, as they just wanted justice.
Mr. Roberts urged other families in similar positions to take legal action. ?It?s hard to do it, and it?s a struggle, but it?s worth it, for the victim... for their memory and their legacy.?
Martin O?Carroll, the family?s solicitor, said the court?s decision was ?unprecedented? and marked an important day for abuse victims and their families.
?It?s a case where the judiciary now recognises that a psychiatric injury can be as fatal as a physical injury,? he said.
_________________ Clare
|