Wed 23 Jun 2010 In: New Zealand Daily News View at Wayback View at NDHA
A former Navy steward has failed in his claim for hundreds of thousands of dollars, over his allegations he was sexually assaulted by another seaman in 1984. The case, which was heard at the High Court in Wellington last year, is among hundreds of historical claims which relate to alleged abuse in the defence forces, as well as psychiatric hospitals and children's institutions. The man made a claim against the Attorney-General, claiming he was sexually assaulted when he was a steward aboard the HMNZS Canterbury in 1984. He says an older seaman fondled his genitals, performed oral sex on him and attempted to sodomise him, while he was in his bunk and the man had returned to the mess from a night out ashore. The claimant says he was threatened and intimidated when he complained. A few months later the accused man was removed from the ship and discharged from the Navy as a result of formal complaints being made about unwanted sexual contact and 'suspected homosexual activity'. In the early 1980s homosexual conduct between men was a criminal offence and was grounds for discharge from the Navy. The plaintiff in the case says that he faced further threats and intimidation after the older sailor was discharged and as a result became very unhappy with life in the Navy, leaving in 1985. The man says he suffered psychological problems, for which he ultimately sought help from professional health advisers. He was granted ACC cover in 2004 for his mental health difficulties. He brought the claim for negligence and assault and battery in 2006. In a ruling released this week, Justice Jill Mallon has concluded that on the balance of probabilities and the evidence at the trial, the man was sexually assaulted and may have experienced some degree of backlash from those on the ship. She says he has suffered a mental injury, but it can't now be established that this was caused by the sexual assault and backlash. Justice Mellon ruled that the plaintiff's claim is barred by the Accident Compensation Act 2001, which replaced the ability to claim damages for personal injury through the courts. She also denied the claim for exemplary damages, saying "this is not a case where any sufficient deterrent purpose would be served so as to warrant an exemplary award against the Navy for the acts of individuals amongst its ranks."
Credit: GayNZ.com Daily News staff
First published: Wednesday, 23rd June 2010 - 4:12pm