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A BC woman who endured a decade of sexual abuse at the hands of her stepfather has been awarded $900,000 after she sued him in court.

James Arthur Smith was never interviewed by the police when the abuse was reported two decades ago, however, more than 30 years after he began sexually abusing his stepdaughter BC Supreme Court Justice Maegen Giltrow ruled Smith had committed sexual assault.

"(Smith's) conduct was deliberate and concealed, and continued for many years. (He) prioritized his own sexual desires over the well being of... his young step-daughter. He took advantage of her natural dependence and vulnerability as a child, and violated her personal integrity in a deeply personal way," Justice Giltrow said in a June 2 Supreme Court decision. "Her childhood was scarred by (his) actions, and she faces a lifetime of grappling with the consequences."

According to the decision, the abuse dated back to 1993 when Smith began living with the victim's mother shortly before they moved to Chilliwack.

The victim, referred to as MP in the decision, was three years old at the time and testified her earliest memories are of being abused by Smith.

"MP testified that she remembered the defendant playing pornographic videos on the television," the decision read. "He instructed her to mimic the women in the pornography by sucking on his toes, moaning, and rolling her eyes."

She testified her stepdad forced her to watch pornography on several occasions during her childhood.

"She also testified that (Smith) would rub MP’s vulva under the guise of washing her when she bathed. She remembered feeling that she wanted him to stop. She testified that she did not say that to him at the time because she felt afraid," the decision said.

The decision gave multiple incidences where Smith would sexually assault the young child. He kiss her on the lips, put his fingers inside her vagina and masturbated in front of her. He cut a peephole into her bedroom when she was about 12 or 13 years old.

She testified that the abuse was "woven into daily life."

The lengthy 35,000-word decision gives a play-by-play account of the abuse MP suffered at the hands of her stepfather from age three until she left home at 14.

The stepdaughter recalled that she once called a kids help phone, but was scared to give specifics about any abuse.

When she was about 12 years old and living in Surrey, the Ministry of Child and Family Development got involved and a social worker visited the home.

"She testified that the social worker did not ask her if she was experiencing sexual abuse in the home. MP said she decided not to tell the social worker about the abuse because she did not believe the social worker would get her out of the home, and she would not be safe," the decision said. "MP testified that the social worker did not provide her a safety plan, but only gave her her card."

After the Ministry failed to do anything, MP said she felt significantly more unsafe at home.

"She felt like she had tried to ask for help, but (Smith) had a renewed sense of confidence because nobody helped her," the Justice said.

There's no clear answer as to why the Ministry didn't get more involved, but a report submitted to the court showed the Ministry was aware.

“Concern… regarding (MP)… being sexually abused by her stepfather… possible sexual touching by stepfather," a 2002 Ministry memo read.

The Ministry spoke to Smith about getting MP to sit on his lap.

A further 2002 Ministry memo states: “Talk with James (stepfather), discussed the touching that was described… explained that because of her age, MP may feel uncomfortable and thinks it is inappropriate… Mom/Dad both appeared to care for MP and were open to services if MP agreed.”

By the age of 13 MP was having suicidal feelings and at age 14 went to live with her stepfather's parents in Summerland.

The decision said MP told her step-grandmother about why she had left home, who told her "nobody deserves to be abused" and they would go to the police.

However, they never did.

MP left the home in Summerland and went to live with a cousin in East Vancouver.

"She was struggling with her mental health at that time, feeling agoraphobic, and frightened about going out," the decision read.

She began attending an alternative school in New Westminster called Purpose, where she confided in the school counsellor.

He then took her to the Surrey RCMP detachment.

"She described this experience as difficult, and she recalled feeling scared. MP spoke with a male police officer and, despite feeling uncomfortable with him, did her best to tell him everything about the abuse," the Justice said.

However, she later got a phone call saying there was not enough evidence to move forward with charges against her stepdad.

Police called Smith and told him of the allegations but never took the time to interview him.

"Again, MP’s experience was of seeking to report the abuse to persons of authority in the community, and no meaningful steps being taken to determine whether the abuse had occurred, and if so, to condemn it and help her," the Justice said.

There's no explanation given in the decision about why the RCMP didn’t interview Smith.

In his defence, Smith denied that any of the sexual abuse took place. He argued that her memory is unreliable due to the other traumas she had experienced.

The decision said MP was kidnapped and sexually assaulted while on an internship in Africa and had been in a psychologically abusive marriage.

Smith argued that because of traumatic events that had occurred after her childhood she was determined that he abused her as a child.

However, Justice Giltrow didn't buy the argument.

"This, however, is inconsistent with MP’s attempts to seek help regarding the sexual abuse when she was a child and teenager before... (the) subsequent traumatic events occurred," the Justice said.

Another sticking point was an apology letter that Smith had written to MP when she was a teenager.

“It was totally inappropriate and wrong. I admit it,” the letter read.

Smith denied the focus of the letter sexual abuse and instead said he was apologizing for leaving her out of the family. He was involved in her brothers’ soccer at the time and had not been available for her.

However, the Justice found Smith’s testimony about the letter not credible.

The decision said MP’s mother didn’t testify and her two older brothers, one of which she confided in years ago, have both since died.

Justice Giltrow highlighted the “impressive resilience” MP had shown throughout her life, saying she’d demonstrated “intelligence and empathy” through her remaining teenage years and her adult life.

"Through grades 11 and 12 she attended school in person and full time, got high grades, while working evenings and weekends at two jobs. She did this while living with her cousin and then her brother, and with no parental assistance or oversight,” the Justice said.

She finished high school, obtained a bachelor’s degree and became a family counsellor. She went on long term disability for PTSD in 2023 and lives with a serious of psychiatric symptoms.

“MP does not want to be debilitated, she wants to live a full and happy life,” the Justice said.

The Justice said Smith’s actions had had a “devastating impact” on MP.

“(Smith’s) avoidance and denial of MP’s accusations has had the effect of depriving MP of the support of her family and her community throughout her life, despite her attempts to get help when she was young,” the Justice said.

Ultimately, the Justice ordered Smith to pay MP $330,000 for pain and suffering and as a punishment ordered him to pay a further $250,000 in punitive damages.

Along with damages for loss of wages and care, Smith was ordered to pay roughly $900,000 to the woman he sexually abused as a child.

Crisis lines and contact information by BC Mental Health:

• 9-8-8 (call or text) to reach a trained responder
• 1-800-SUICIDE (1-800-784-2433) crisis line. Free and available 24 hours a day
• 310-6789 (no area code needed) - BC Mental Health Support Line. Free and available 24 hours a day

Crisis line workers listen to you and offer support without judgement.

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