A father who won a landmark civil lawsuit last month for the wrongful death of his daughter, who had been sexually abused as a child, has called on the Director of Public Prosecutions to reconsider the possibility of a criminal prosecution in the case.
David Roberts, Gathabawn, Co Kilkenny, successfully sued his neighbour, John Bowden, for the wrongful death of his daughter, Jane, who died by suicide at the age of 26 on October 23rd, 2000.
Mr Roberts claimed that Mr Bowden's sexual abuse of his daughter, when she was an eight-year-old girl, caused her to develop psychiatric illnesses and eventually to take her own life. Last month, Judge Alice Doyle at the southeastern Circuit Court ruled that Jane Roberts's death by suicide was a direct result of the psychological injury caused by the abuse.
She awarded Mr Roberts €25,395, the maximum compensation possible under the Civil Liabilities Act. The judge also awarded costs to Mr Roberts. He had taken the action because the DPP had not prosecuted Mr Bowden.
Michael Lanigan, the solicitor who represents Mr Roberts, described the outcome of the case as "an unprecedented judgment in which a court has found a sex abuser liable for the suicide of his victim".
At the weekend, Mr Roberts told The Irish Timesthat Mr Lanigan has written to the office of the DPP asking that the decision not to prosecute Mr Bowden through the criminal courts be reviewed. The solicitor has pointed out that during the civil case, the court heard that Mr Bowden had admitted the sexual abuse and apologised.
Mr Lanigan has requested that "the Director of Public Prosecutions might re-open the question of prosecution following the conclusion of [the] civil action". Mr Roberts said "since the defendant made an admission of guilt it should be possible for the matter to be reviewed".
