In an undefended civil trial arising from historic childhood sexual assaults by an uncle against two nieces, the court found liability for sexual assault and battery and held that causation flowed from that tort without requiring findings on the remaining pleaded torts.
Relying on expert psychological evidence, the court awarded substantial non-pecuniary, aggravated, punitive, future care, past care, and loss of earning capacity damages for enduring trauma, PTSD-related symptoms, anxiety, depression, and functional impairment.
A family member's derivative claim under s. 61 of the Family Law Act failed for lack of evidence.
The plaintiffs also received prejudgment interest and substantial indemnity costs.
