Sexual assault victim awarded $270K in damages by B.C. court
A statue of Themis, Goddess of Justice, in the B.C. Supreme Court building in downtown Vancouver on June 26, 2024 (Zak Vescera / Investigative Journalism Foundation and CTV News)
A twice-disbarred former B.C. lawyer convicted of sexually assaulting a client has been ordered to pay the victim $270,000 in damages, according to a decision in a civil suit.
Marc Andre Scheirer – who 'denies the sexual assault took place' – was found liable for sexual battery after a trial last year, and the decision on damages was handed down Friday.
Justice Elizabeth McDonald's noted that Scheirer was convicted of sexual assault in 2020, receiving a suspended sentence and two years of probation. A 2022 appeal of the conviction was unsuccessful. Given this, the judge found there was 'no doubt' Scheirer was liable for the sexual assault and that the victim should be awarded damages.
'When I consider the evidence as a whole, I am satisfied that on balance, the defendant's sexual assault caused the plaintiff injury and loss, including psychological injuries,' the judge wrote.
'I find that this injury has caused the plaintiff to experience loss of enjoyment of life, lack of confidence, anxiety and fear while interacting with men.'
The assault and its impact
The victim, identified in the decision as K.H.C., went to an intake appointment with Scheier at his Abbotsford office in 2018, seeking advice on varying the no-contact condition of her husband's bail so he could move back into the family home.
The judge in the civil case reiterated the 'substance' of the sexual assault charge, quoting from the B.C. Court of Appeal decision.
'The appellant then came around from behind his desk to where she was sitting, moving his chair beside hers on her left. He moved closer and put his head on her chest and his right hand behind her back. When K.H.C. asked what he was doing, he put his left hand on her leg and started rubbing it and moving it up towards her crotch,' the appeal decision said.
'When she pushed him away and went to stand up, he pushed her down and said, 'Nicer you are to me now, the sooner we get your husband home.''
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K.H.C. testified at the civil trial, detailing the immediate and longer-lasting impact of the sexual assault.
'During her meeting with the defendant at his office, she immediately knew something was 'off' with the defendant, but she just kept asking herself how far it would go and how she could get out of there,' according to the decision.
'She recalled thinking about whether the defendant would 'rape' or hurt her. The plaintiff said she decided to trust someone and it backfired on her because the defendant violated her trust in the worst way.'
Immediately after leaving the office, K.H.C said she was in shock and in tears, and that she reported the sexual assault that day after confiding in a friend.
She also described the ensuing criminal process, which played out over the course of several years, as retraumatizing.
'When she was required to speak with the police or prepare for the trial, her nightmares about the sexual assault would return,' the judge wrote.
The sexual assault impacted K.H.C's relationship with her husband, eroding intimacy and causing her to 'cringe' when he tried to touch her, the decision said. In addition, K.H.C told the court she became more fearful of male co-workers, her male physician and men in social situations.
An expert report submitted to the court described the psychological impact including, 'a period of intense nightmares which resurface when the plaintiff is reminded of the sexual assault, persistent discomfort around men, diminished confidence and persistent heightened startle response.'
Damages awarded
McDonald awarded K.H.C. $200,000 in general damages as compensation for loss and injury, inclusive of $50,000 to account for the 'aggravating features' in the case.
'Those aggravating features include that the sexual assault happened while the plaintiff was attending the defendant's office to obtain his legal advice and the defendant has expressed no remorse despite his conviction for the offence,' the judge wrote.
K.H.C was also awarded $50,000 in punitive damages.
'The defendant engaged in highly reprehensible conduct relating to or arising from the sexual battery and I find that the general damages award described above, even with the aggravated component, is insufficient to accomplish the goals of retribution, deterrence and denunciation,' McDonald's decision said.
The court also awarded $20,000 for future counselling and psychological treatment.
The judge's decision also noted that Scheirer did not dispute the amount.
'He stated the plaintiff would not receive a dollar and that he had no alternate amounts to suggest,' the judge wrote.
'He said another $270,000 award would not make any difference to him since he would just declare bankruptcy again.'
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