Canada Judge awards Toronto singer $105K in sex assault lawsuit

13:12  02 august  2018
13:12  02 august  2018 Source:   cbc.ca

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While showing him the master bedroom, according to the lawsuit , Mr. Singer shut the door behind them and demanded sex from Mr. Sanchez-Guzman. After he refused, the lawsuit says, Mr. Singer pushed him on the bed and sexually assaulted him.

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a woman smiling for the camera: Jade Naraine won $105,000 in a civil suit against her alleged perpetrator in an alleged sexual assault.© Lisa Xing/CBC Jade Naraine won $105,000 in a civil suit against her alleged perpetrator in an alleged sexual assault.

A Toronto singer says she has found closure after successfully suing a man she says raped her a year and a half ago after police decided not to press charges.

"As he was reading his decision, I broke down in tears because it meant so much to me that a judge would actually acknowledge [the sex assault] had happened," said Jade Naraine.

'I wanted my perpetrator to take responsibility for what he had done.' - Jade Naraine

In April, Naraine told CBC Toronto she reported the alleged sexual assault to Toronto police, who eventually closed the case. She then tried to press charges on her own through a private prosecution, but was told the Crown did not find her to be a reliable witness.

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So, Naraine launched a lawsuit in January 2018 stating the alleged offender, a person she knew, caused her "emotional distress" and "severe mental anguish" as a result of the alleged sex assault, according to her statement of claim.

Naraine said she sued, representing herself, to get "some kind of closure," not for the money.

"I wanted my perpetrator to take responsibility for what he had done," she said. "I wanted to move on with my life and this provided that for me."

Two weeks ago, the judge awarded Naraine $105,000 in a default judgment against the defendant, breaking down the cost:

"I would never make anything like this up," she said. "It hurt me a lot when the Crowns and police were questioning my credibility. [The judge's decision] has only highlighted the police made a mistake by not putting my sex assault case through and giving me a chance to go in front of a judge in the first place."

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Singer is asking the judge to award him all fees and costs associated with Michael Egan's initial filing, in which the plaintiff claims he He is also facing a separate lawsuit from an unnamed accuser over allegations he previously had sex with a 17 year old at a Superman-themed party at a London hotel.

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Deb Singh, a counselor and activist with the Toronto Rape Crisis Centre/Multicultural Women Against Rape, says most survivors don't take Naraine's route.

"To represent yourself is pretty courageous and challenging," she said, though she points out the legal system is not set up to support survivors.

Not believing survivors

"They have to constantly prove or work to make the system work for them or prove they're believable, whereas the alleged perpetrators can sit back and say nothing and do nothing," she said.

"This is endemic of the culture of people at the highest levels who have the opportunity to provide justice to survivors not believing survivors."

a person posing for the camera: Deb Singh, with the Toronto Rape Crisis Centre, says the legal system puts the onus on survivors of sex assault to try and find recourse.© TRCC Deb Singh, with the Toronto Rape Crisis Centre, says the legal system puts the onus on survivors of sex assault to try and find recourse.

Naraine filed a lawsuit against the Toronto Police Service and a judicial review against the Crown. The Crown said it would not be appropriate to comment on the judicial review as the hearing is scheduled for October.

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According to the lawsuit , obtained by TMZ, Singer was on a yacht in the Seattle area back in 2003 a yacht owned by wealthy tech investor, Lester Waters. The suit goes on to allege Singer then forcibly performed oral sex on Guzman.

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In April, police told CBC Toronto they "will challenge everything she has claimed and will respond extremely vigorously."

Naraine also filed complaints with the Office of the Independent Police Review Director (OIPRD), but it closed the cases for various reasons.

OIPRD said one of Naraine's complaints was not "in the public interest to send the matter for investigation."

Even though Naraine calls the judge's ruling in her lawsuit a victory, she admits she still has nightmares.

"It's going to take a long time to go away," she said.

  • Canadian singer accuses Toronto police, Crown of neglecting her sexual assault report
  • Pain and suffering: $50,000.
  • Loss of future income: $45,000.
  • Punitive damages: $10,000.
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