FGX v Stuart Gaunt
[2023] EWHC 419 (KB)
Sexual Offences (Amendment) Act 1992 applies to the defendant's offences.
Sexual Offences (Amendment) Act 1992
Civil Evidence Act 1968, section 11 allows reliance on criminal convictions in civil claims.
Civil Evidence Act 1968
Judicial College Guidelines (17th Edition) provide brackets for damages in sexual abuse cases.
Judicial College Guidelines (17th Edition)
General damages awarded: £100,000
Falls within the upper end of the 'moderately severe' category in the Judicial College Guidelines, considering the seriousness of the abuse, severe and prolonged psychiatric injury, and impact on education, work, and relationships. Prognosis is cautiously optimistic with treatment.
Injury to feelings/aggravated damages awarded: £20,000
Considering the nature of the abuse, defendant's exploitation of fame, and claimant's need to testify in criminal and civil proceedings.
Special damages (loss of earnings) awarded: £381,000
Considering the claimant's inability to work due to the abuse, with adjustments for periods of childcare and considering the claimant's age and earning potential.
Special damages (future therapy) awarded: £7,800
Based on Dr. O'Rourke's recommendation for EMDR therapy.
Total damages awarded: £508,800
Sum of general damages, injury to feelings, and special damages.