Man sues over alleged sexual assault by teachers, scout leader

A man who claims he was sexually assaulted by two Christian Brothers and a scout leader during the 1970s when he was a schoolboy has brought an action for damages.

The man, aged in his 50s, cannot be identified by court order.

His action is against the Christian Brothers in Ireland (CBI), two named Christian Brothers, Scouting Ireland and a named former scout leader.

His High Court action includes a claim for damages of up to €1.4 million for past and future loss of earnings and loss of opportunity. The man, who has a degree, has not worked in a full-time capacity for 29 years, the court heard.

He alleges the first incident of alleged sexual assault took place when he was a 12-year-old scout in a tent at the Scouting Ireland national scout centre at Larch Hill, Tibradden, Dublin.

Opening his case, Sasha Louise Gayer SC said he will say the first occasion of alleged abuse by the scout leader was when he was on a trip to the Larch Hill venue when it is alleged his trousers were taken down and he was allegedly fondled in a sexual fashion.

It is also alleged the scout leader came into his tent at night and touched the boy’s genitals.

Counsel said the man will say the scout leader had told him he could be a patrol leader, called to his home and became friendly with his parents, and was “grooming” him.

At the outset, Mr Justice David Keane was told additional claims against the Minister for Education and State were being discontinued.

Against the Christian Brothers of Ireland and two named Christian Brothers, it is claimed there was failure to take any proper precautions for the boy’s safety and to protect him from the potential of sexual assault, battery, or trespass to his person.

It is also claimed there was failure to warn the boy of the dangerous nature of schools he was attending.

The claims are denied and the CBI also plead the case is statute barred, brougt outside the applicabe time limits.

The court heard one of the Christian Brothers had admitted the abuse and neither brother was in court.

In the claims against Scouting Ireland and the former scout leader, now aged in his seventies, it is claimed there was failure to properly supervise scout leaders or those in charge of young boy scouts.

It is further claimed there was failure to have any, or any proper, protocols in place to properly protect children in their care from the potential of sexual assault, battery or trespass on the person.

Scouting Ireland and the former scout leader deny the claims and also plead the action is statute barred.

During her opening of the case, Ms Gayer said one of the Brothers was later prosecuted in relation to an assault on the boy when he was in fifth class at national school.

At the time the Christian Brothers said, when the plaintiff had made a complaint in 1998, the Brother was removed from teaching and sent for counselling.

The case continues on Thursday.