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[42] The evidence that the plaintiff gave about her voyage of self-discovery is not
fairly described as her ‘ipse dixit’ (as the learned judge did) since there is ample
corroboration to be found in a comparison between the experiences of the plaintiff
and the professionally described sequelae of an abuse victim with a history like that
of the plaintiff. What is to be set against her evidence? Counsel referred to the several
attempts made by the plaintiff as a child to expose the defendant. He pointed out that
by the age of 21 the plaintiff had left home and was making her own way in the
world. Whatever threat the defendant had posed was long gone and his influence
dissipated. It was unlikely, he submitted, that the plaintiff had remained in ignorance
of the facts for nearly thirty years. He relied on the incident during her mother’s
illness as leaving no doubt that she not only blamed the defendant for wrecking her
life but was also willing to say so openly. Finally he pointed to the plaintiff’s bitter
comment to Ms Potgieter that she wished the defendant had done things to her so that
she could understand the plaintiff’s feelings. (The evidence as to when this incident
took place is unclear but I will assume that it may assist the defendant to discharge
the onus.)
[43] In the accumulation of such evidence, counsel submitted, the likelihood was to
be discovered that the plaintiff was in truth aware of the defendant’s fault and blamed
him for the abuse and its disastrous consequences. He did not suggest that the
plaintiff consciously concealed the fact that she possessed insight long before 1997.
Such a submission would require a credibility finding against her which is not
justified by a reading of the record.
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