Female Guard Raped on Duty: A former security guard who was raped while working alone on a night shift at a car dealership in Montego Bay, St James, has been awarded more than $10 million in damages after the Supreme Court ruled that her former employer, Marksman Limited, failed to provide a safe working environment.
In a judgment delivered by Justice Dale Staple, the court found that Marksman was negligent in its duty of care to the employee, identified only as A.C., who was assigned to work alone at Island Car Rentals Limited on February 5, 2018.
The judge ruled that the company failed to implement adequate measures to protect female guards deployed alone at night, despite a previous court case involving a similar attack on one of its employees.
Justice Staple said it was “baffling” that Marksman still had no effective policy governing lone-worker assignments or addressing the heightened risks faced by female security guards working night shifts.
The court found that the guardhouse where A.C. was stationed had no functioning lock, the perimeter fence offered inadequate protection, and there were no panic buttons, reliable communication systems, or effective CCTV monitoring in place.
Justice Staple also ruled that the company failed to provide sufficient training, supervision, and written safety policies for employees working alone.
The court awarded A.C. $10 million in general damages, comprising $6.5 million for assault and battery and $3.5 million for pain, suffering and loss of amenities resulting from post-traumatic stress disorder (PTSD). Interest at three per cent per annum was also awarded from December 20, 2023, to June 16, 2026, along with legal costs.
Medical evidence presented to the court showed that the claimant suffered significant psychological trauma and continues to require psychotherapy and medication.
The judge rejected Marksman’s argument that the claimant contributed to her injuries by failing to secure the guardhouse, finding that the door had no working lock and that the employer had failed to maintain it properly.
Justice Staple also dismissed suggestions that the absence of visible physical injuries undermined the rape allegation, noting that victims often respond differently under extreme fear and coercion.
In assessing damages, the judge described the rape as one of the most serious forms of assault, citing the profound violation of the claimant’s bodily integrity and the traumatic circumstances she endured.
The court concluded that Marksman’s failures significantly increased the risk of the attack and materially contributed to the incident, finding the company liable for breaching its duty to provide a safe system of work.
Advertise with McKoy’s News!
🚀 Boost Your Business with McKoy’s News! 🚀
Let us help you grow your brand with our comprehensive advertising solutions:
Create Your Own Business Page:
Showcase your business with a personalized page on McKoy’s News. Highlight your products or services with multiple photos, contact information, and detailed descriptions.
Engaging Banner Ads:
Capture attention with visually stunning banner ads that promote your brand across our website, reaching a large audience with every click.
Dynamic Video Ads:
Tell your story with impactful video advertisements, designed to engage viewers and drive traffic to your business.
Feature Articles:
Gain credibility and visibility with feature articles on McKoy’s News. Share your success stories, latest offerings, and expert insights with our readers.
Ready to Elevate Your Business?
Contact us today and let McKoy’s News be your partner in success.
Follow us on social media
Related posts:
Mark Golding Apologises for Expletive Caught on Hot Mic
Armed Man Killed in Ackee Village During Police-Military Operation
$9.3M Ganja Seizure: Three Men Charged After Toms River Bust
Bahamas: 58-Year-Old Man Remanded After Being Accused of Sexually Abusing 8-Year-Old Step-Granddaughter
Two Injured in Flanker Main Road Crash, St James
Psychic Charged with Grievous Sexual Assault and Larceny in Westmoreland