Man awarded $175k for jail tour sexual assault

A man who was required to visit a B.C. prison on a “scared straight” tour 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 Oakalla prison, which has since closed, and was sexually assaulted after a prison guard forced him into a cell with five inmates.

The man’s lawsuit named the B.C. government and Roderic MacDougall, a former guard who was convicted for indecent and sexual assaults against prisoners.

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 forced him into the cell.

She awarded the man, who is now 54, $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.

“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 sex offenders.

“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.”.

The youth tour program in 1978 left a great deal to be desired from a modern perspective, to put in mildly.”

Justice Jennifer Duncan