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Women win lawsuit against B.C. man acquitted of their sex assaults

Judge didn91裸聊视频檛 disagree with criminal acquittal of Ivan Henry, says burden of civil proof is different
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Ivan Henry leaves B.C. Supreme Court during a lunch break in Vancouver, B.C., Monday, Aug. 31, 2015. THE CANADIAN PRESS/Darryl Dyck

A man who spent 27 years in prison before he was found wrongfully convicted has been ordered by a British Columbia Supreme Court judge to pay $375,000 each to five women who sued him for sexual assault.

Ivan Henry was convicted of 10 counts of sexual assault in 1983, but he was released after the B.C. Court of Appeal determined he was wrongfully convicted and acquitted him in 2010.

Five women filed a civil lawsuit against Henry alleging he sexually assaulted them in their Vancouver homes in the early 1980s.

The plaintiffs are identified in the ruling by their initials, with descriptions of their sexual assaults in their ground-floor or basement suites between May 1981 and June 1982.

Henry represented himself at his criminal trial in 1983, and he was given an indefinite sentence as a dangerous offender, but he was released and later awarded $8 million in his own civil lawsuit against the City of Vancouver and the provincial and federal governments.

Justice Miriam Gropper91裸聊视频檚 ruling released Wednesday says the court in Henry91裸聊视频檚 wrongful conviction lawsuit found Crown prosecutors had 91裸聊视频渟eriously infringed91裸聊视频 on his right to a fair trial, demonstrating a 91裸聊视频渟hocking disregard91裸聊视频 for his Charter rights.

Gropper91裸聊视频檚 ruling says evidence that wasn91裸聊视频檛 disclosed to Henry 91裸聊视频渨ould have likely resulted in his acquittal at his 1983 criminal trial, and the avoidance of sentencing as a dangerous offender.91裸聊视频

Some of that evidence 91裸聊视频渋ncluded the large volume of material statements made by the various complainants, including the five plaintiffs,91裸聊视频 Gropper91裸聊视频檚 ruling says.

Gropper, however, found Henry liable in the civil lawsuit, saying in her ruling 91裸聊视频渋t is more likely than not that he was their attacker and performed the sexual assaults 91裸聊视频 on a balance of probabilities.91裸聊视频

Civil cases and criminal cases have 91裸聊视频渄ifferent standards of proof,91裸聊视频 the ruling says, and acquittals in crimes that weren91裸聊视频檛 proven beyond a reasonable doubt do not prevent alleged victims from filing lawsuits.

91裸聊视频淎n acquittal is not a bar to a civil suit,91裸聊视频 the ruling says.

Gropper ruled that she doesn91裸聊视频檛 disagree with the findings of the court that acquitted Henry, saying he should not have been convicted or spent any time in jail.

91裸聊视频淎lthough I have found Mr. Henry to be liable for his sexual assaults of the plaintiffs, he was acquitted of the criminal charges after he served 27 years in federal custody,91裸聊视频 the ruling says. 91裸聊视频淗e has not gone unpunished.91裸聊视频





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