Leigh Day
A woman who accused a therapist of raping her during a therapy session has been awarded more than £200,000 in damages after winning a civil case against him.
Ella Janneh sued Michael Lousada, 57, over claims he raped and sexually assaulted her at his clinic in Belsize Park, London, in August 2016.
The High Court heard he said his penis was “like a laser beam” that could “burn up trauma” during the £750 session.
Ms Janneh, who waived her right to anonymity, launched the proceedings after the Crown Prosecution Service (CPS) decided not to press charges against him.
Warning: This article contains details some might find distressing
Handing down the judgement, Mr Justice Jeremy Baker said the strength of evidence on behalf of Ms Janneh was “extremely strong”.
The court previously heard that Ms Janneh did not ask for or consent to the use of penile penetration as a “therapeutic technique”.
Mr Lousada, who has appeared as a guest on the ITV show This Morning, denied the allegations and said he repeatedly asked Ms Janneh if she wished to continue with the session.
PA
Ms Janneh, told the court she had visited Mr Lousada after suffering panic attacks during consensual sex because she was abused as a child.
She said she suffered a panic attack during the session, leaving her unable to communicate and “incapable of providing valid and informed consent” as a result.
Ms Janneh, who now lives in Melbourne, Australia, reported what happened to the Metropolitan Police a day later, but the case was dropped in May 2018, the court heard.
She brought civil action against Mr Lousada, where cases are ruled upon on “the balance of probabilities”, as opposed to criminal prosecutions, which require a higher standard of proof “beyond reasonable doubt”.
This meant Ms Janneh needed to prove that it was more likely than not that she did not give consent to the sexual activity, rather than prove that Mr Lousada did not reasonably believe that she did not consent.
Her legal action was for damages over claims of assault, trespass to the person, and negligence against Mr Lousada and Anteros Books Ltd, a company he directed.
Barristers for Mr Lousada, who now lives in Germany, said he had previously engaged in penile penetration with about “30 to 40” clients.
Following the High Court’s ruling, a spokesperson for the CPS said: “In criminal cases we must prove beyond reasonable doubt that an individual is guilty.
“Following a careful review of the evidence in this case, we concluded there was not a realistic prospect of conviction – a decision later supported by two independent reviews.”
