In a 2010 article published in a lawyer's newspaper, I wrote
about a trend toward higher non-pecuniary awards in sexual abuse
cases. See "Trend develops for higher sexual abuse
non-pecuniary awards", The Lawyer's Weekly, February 2010.
(read online)
"Non-pecuniary awards" are made by courts to
compensate victims of sexual assault for the pain and suffering and
loss of enjoyment of life they have experienced by reason of being
sexually abused. This is a category of damages that is not capable
of precise calculation (unlike, for example, an out-of-pocket
expense incurred for therapy, or loss of income flowing from
inability to work). Nonetheless, our legal system has recognized
this category of damages to be an important one. Indeed, courts
often include an "aggravated" component to reflect the
added elements of betrayal of trust, intrusiveness, humiliation and
degradation that so often form an integral part of sexual
assault.
