PORTLAND, Maine — The Maine Supreme Judicial Court on Thursday unanimously upheld a judge’s decision to award nearly $2 million in civil damages to a woman who proved a Cherryfield businessman sexually assaulted and abused her when she was a child.
On Oct. 14, Maine Supreme Judicial Court Justice Donald G. Alexander, who was filling in as a superior court justice, issued a 28-page decision after hearing three days of testimony. He found that Steven Pagels, 64, was responsible for sexual assault and battery, the intentional infliction of emotional distress and the negligent infliction of emotional distress against the now 28-year-old woman.
The woman is not being identified by the Bangor Daily News because she was a victim.
The woman’s attorney, Sarah Gilbert of Camden, praised the supreme court’s decision and her client’s courage in pursuing the lawsuit.
“We want to commend our client for her tireless faith in the judicial process, and her absolute courage in pursuing justice for herself and every other similarly situated plaintiff who has suffered sexual assaults at the hand of a family member,” Gilbert said. “This decision affirms every aspect of Justice Alexander’s decision, and affirms for the people of Maine that no matter how financially disadvantaged the plaintiff may be, and no matter the adversarial tactics employed to discredit or intimidate victims, our courts afford remedies to those who have been sexually abused.
“Mainers should feel reassured knowing that simply because an abuser may be notable in the community, or a successful businessman, as in this case here, the laws of our state will treat that person the same as anyone else,” Gilbert said.
Pagels’ attorney, Daniel Pileggi of Ellsworth, declined to comment on the decision.
Pagels operates a charter boat business — Downeast Windjammer Cruises — that Alexander described as “substantial.” The business includes several boats, some of them worth more than $1 million each, and has many employees, according to a previously published report.
He denied sexually assaulting the woman.
Alexander, who recused himself from considering the appeal, awarded the woman $88,594 in special damages, $1,300,000 in general damages and $500,000 in punitive damages — a total of $1,888,594 plus costs and interests. Special damages include medical expenses, future treatment and counseling, and lost earnings, while general damages are for pain, suffering, mental anguish and loss of enjoyment of life.
Pileggi appealed the decision to the state supreme court arguing that Alexander erroneously admitted evidence of prior bad acts and that the judge improperly found Pagels liable for negligent infliction of emotional distress. The justices took it under advisement on briefs in July but did not hear oral arguments.
In his 16-page decision, Justice Jeffrey Hjelm said that Pagels and the victim had a “special relationship” under Maine law that “gives rise to a heightened responsibility of care.” Hjelm wrote that Alexander used evidence about so-called prior bad acts to explain the chronology of abuse to which the victim testified not as evidence of a pattern of behavior.
To reach a sexual assault advocate, call the Statewide Sexual Assault Crisis and Support Line at 800-871-7741, TTY 888-458-5599. This free and confidential 24-hour service is accessible from anywhere in Maine. Calls are automatically routed to the closest sexual violence service provider.
Former BDN writer Tim Cox contributed to this report.