In a landmark civil case, Ella Janneh has been granted over £200,000 in damages after accusing therapist Michael Lousada of rape and sexual assault during a therapy session in Belsize Park, London. Here’s a detailed look at the proceedings and outcome of this significant legal battle.
Allegations and Legal Proceedings
Ella Janneh filed a civil lawsuit against Michael Lousada, alleging that he raped and sexually assaulted her during a therapy session in August 2016. Despite the Crown Prosecution Service’s decision not to pursue criminal charges against Lousada, citing insufficient evidence, the civil court, under the jurisdiction of “the balance of probabilities,” found in favor of Janneh.
Court Ruling and Evidence
The High Court, presided over by Mr Justice Jeremy Baker, acknowledged the strength of evidence presented by Ms Janneh. Central to the case was her assertion that she neither requested nor consented to the use of penile penetration as part of the therapy session. The court emphasized that she was unable to provide valid consent due to a panic attack induced during the session, which stemmed from past trauma.
Defendant’s Position and Response
Michael Lousada, a therapist who has appeared on media platforms such as ITV’s This Morning, denied the allegations throughout the legal proceedings. He maintained that he had repeatedly sought Ms Janneh’s consent to continue the session. However, the court’s decision underscored the absence of explicit consent for the particular therapeutic method employed.
Legal Implications and Outcome
The case highlights the distinction between civil and criminal legal standards. In civil court, the burden of proof rests on the balance of probabilities, requiring the plaintiff to demonstrate that an event was more likely than not to have occurred. This is in contrast to criminal cases, which demand proof beyond a reasonable doubt.
Conclusion and Impact
Following the court’s ruling, Ella Janneh, now residing in Melbourne, Australia, has secured damages for assault, trespass to the person, and negligence against Michael Lousada and Anteros Books Ltd, a company he directed. The outcome of this case underscores the importance of informed consent in therapeutic settings and raises awareness about legal recourse available through civil action.
This case serves as a reminder of the complexities involved in therapeutic practices and the legal protections afforded to individuals in seeking redress for alleged misconduct.