A Against C And B Against C
| Jurisdiction | Scotland |
| Judge | Lord Doherty |
| Neutral Citation | [2018] CSOH 65 |
| Date | 15 June 2018 |
| Docket Number | PD1142/15 & PD1154/15 |
| Court | Court of Session |
| Published date | 15 June 2018 |
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 65
PD1142/15 & PD1154/15
OPINION OF LORD DOHERTY
in the cause
A
Pursuer
against
C
Defender
and
in the cause
B
Pursuer
against
C
Defender
Pursuer: Galbraith; Digby Brown LLP
Defender: Mohammed; Thorley Stephenson SSC
15 June 2018
Introduction
[1] In these personal injuries actions A seeks damages from the defender for sexual
abuse which he carried out while she was between the ages of 8 and 19, and B seeks
damages from the defender for sexual abuse which he carried out while she was between
2
the ages of about 8 and 11. A was C’s step-daughter. B was A’s cousin. At the time of the
proof A was aged 40 and B was aged 31. At all material times A, B and C have lived in, or
very near to, a Scottish town with a population of less than 20,000 people.
[2] In December 2013 the defender was convicted after trial at the High Court of
Justiciary of indecent behaviour and of sexual assault against A when she was aged between
about 8 and about 19, and against B when she was aged between about 10 and 11 (including
digital penetration on one occasion). The defender was acquitted of a charge of raping A
when she was aged about 12.
[3] In Statement of Fact 4 of A’s summons she avers that she was sexually abused by the
defender from the age of 8 to 19. The averments describing the abuse are:
“The defender put his penis between the pursuer’s legs, and ejaculated on her...[H]e
would routinely abuse her on a Saturday morning and during school holidays. He
touched and kissed her breasts and genitals. He inserted his penis into her vagina.
He had full sexual intercourse with the pursuer... The abuse occurred regularly and
got worse as the pursuer got older. It continued until she was around 19 ...”
[4] In Statement of Fact 7 A avers:
“The pursuer’s loss, injury and damage was (sic) caused by the deliberate acts of
sexual assault, and fault, of the defender at common law...”
[5] In Statement of Fact 4 of B’s summons she avers that she was sexually abused by the
defender from the age of about 8 to 11. The averments describing the abuse are:
“In around 1994 the pursuer visited ... A ... regularly. For a period she stayed
overnight every weekend... the defender began sexually abusing the pursuer during
her visits... The defender touched her genitals...On one occasion he took down her
trousers and rubbed his penis against her vagina. He placed his fingers inside her
vagina. On one occasion, penetrative vaginal intercourse took place.... The defender
continued abusing the pursuer until about 1997.”
[6] In Statement of Fact 7 A avers:
“The pursuer’s loss, injury and damage was (sic) caused by the deliberate acts of
sexual assault, and fault, of the defender at common law...”
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