Opop v Yombon [2005] PGDC 39; DC193 (6 October 2005)

DC193

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE 680 OF 2005

BETWEEN

Helen Opop
Complainant

V

Richard Pea Yombon
Defendant

Port Moresby: Bidar, Pm
2005: 6th October

Damages - Damages, claimed under various heads including loss of virginity – lessening of future prospect of marriage – loss of educational opportunity and chances of employment – Assessment of

There are no cases cited

Counsel
Complainant appeared in person
No appearance of the defendant

DECISION

6th October 2005

BIDAR, PM: In this matter liability having been established on 30th August 2005, the matter comes before me for assessment of quantum of damages:

Complainant’s claim falls under the following headings:

1. Damages for loss of virginity K2500.00

2. Damages for forfeiture of academic and educational opportunity K3000.00

3. Damages for loss of respect and reputation K1000.00

4. Damages for emotional and psychological distress K1500.00

5. Damages for future chances of marriage K2000.00

In total she claims K10000.00 damages.

Assessing various heads of damages claimed and in relation to loss of virginity, the defendant took advantage of Complainant who was young and inexperienced and was easily influenced by giving into defendant’s sexual desires. I consider a sum of K2500.00 is not an unreasonable amount and I would award that amount in damages.

In relation to forfeiture of academic and educational opportunity, I consider Complainant is chances are not completely forfeited but hindered somewhat. I consider a sum of K1000.00 is appropriate, which I award.

As to loss of respect and reputation there is really no evidence to substantiate that claim, but I accept that those who know her and had social relations with, not doubt might have made remarks about her. I consider a minimal figure of K300.00, which I award.

As to psychological and emotional distress which I consider to be real, I would assess a sum of K1500.00, which I award as to lessening or reduction of future chances of marriage, bearing in mind that she has children already, she would be fortunate if a man is willing to take her hand in marriage. In the present circumstances, where fear of AIDS is real among many, I would assess a sum of K2000.00, which I award under the head.

In all the circumstances, I assess damages under various heads in the total sum of K7300.00.

I therefore, order Judgment for Complainant in the sum of K7300.00. There shall be interest at the rate of 8% from the date of summons to Judgment on the whole amount, which calculates to K340.62. Complainant shall have her costs paid by the defendant to be taxed if not agreed.

In Person: Complainant
In Person: Defendant