Woman wins civil suit against therapist for rape

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 57-year-old Michael Lousada over allegations that he raped and sexually abused her in his clinic in London’s Belsize Park district in August 2016.

The High Court heard that during the £750 session he said his penis was “like a laser beam” that could “burn away trauma”.

Ms Janneh, who waived her right to anonymity, brought the case after the Crown Prosecution Service (CPS) decided not to bring charges against him.

Warning: This article contains details that some may find disturbing

The court had previously heard that Ms Janneh had neither asked for nor consented to the use of penile penetration as a “therapeutic technique”.

In handing down the verdict, Judge Jeremy Baker said the evidence on Ms Janneh’s behalf was “extremely strong”.

“Eight-year struggle”

In a statement issued through her lawyers, Ms Janneh said she had been “completely deceived” by the police and prosecutors.

“After an eight-year battle, I’m proud to finally hold Mike Lousada and what he did to me accountable. But it took everything I had to get here,” she said.

“It is deeply unfair that I, Mike Lousada’s victim, had to sacrifice eight years in the hope of stopping him from harming someone else.”

Ms Janneh added that she had to “take on the work of institutions that did not support me” but hoped that “by coming forward publicly, she can encourage other victims to speak their truth, no matter what.”

Ms Janneh told the court that she had sought out Mr Lousada after suffering panic attacks during consensual sex because she had been abused as a child.

She said she suffered a panic attack during the session, which consequently left her unable to communicate and “unable to give valid and informed consent.”

Ms Janneh, who now lives in Melbourne, Australia, reported the incident to the Metropolitan Police a day later, but the case was dropped in May 2018, the court heard.

Mr Lousada, who appeared as a guest on ITV’s This Morning, denied the allegations and said he repeatedly asked Ms Janneh if she wanted to continue with the meeting.

In his verdict, Judge Jeremy Baker said he had “no doubt” that Ms Janneh was suffering from a “full-blown dissociative panic attack” and that she was “totally incapable” of consenting to what had happened.

He said that while her symptoms “would have been obvious,” Mr Lousada chose to ignore them, which was “motivated by the defendant’s confidence in his own ability to heal women.”

The judge continued: “Having listened carefully to the defendant’s evidence in this case, I am satisfied that his confidence in his own abilities was so great that his perception of reality was clouded by his self-esteem.”

Ms. Janneh filed a civil lawsuit against Mr. Lousada, which proceeds on the basis of “the balance of probabilities,” unlike criminal prosecutions, which require a higher standard of proof “beyond a reasonable doubt.”

This meant that she had to prove that it was more likely than not that she had not consented to the sexual act, rather than that Mr Lousada could not reasonably have assumed that she had not consented.

She sought damages for personal injury, trespass and negligence from Mr Lousada and Anteros Books Ltd, a company he managed.

Lawyers for Mr Lousada, who now lives in Germany, said he had previously performed penile penetration on about “30 to 40” clients.

Following the Supreme Court decision, a CPS spokesman said: “In criminal cases, we have to prove beyond reasonable doubt that a person is guilty.”

“After carefully reviewing the evidence in this case, we concluded that there was no realistic prospect of conviction – a decision later confirmed by two independent reviews.”

The Metropolitan Police said it was aware of the outcome of the civil case and would review any new information presented during the proceedings.

It was also confirmed that there is currently no active police investigation into this case.

Cdr Kevin Southworth, who is in charge of public protection, said: “We strive to provide the best service possible and take allegations of rape and sexual abuse seriously, so we are concerned when we hear that someone feels let down.”

“We have not received any complaints about this investigation, but would welcome the opportunity to discuss this further so that we can understand and address any concerns.”

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