TORONTO — One of the women sexually assaulted by former fashion mogul Peter Nygard teared up in court Wednesday as she described how the attack decades ago "tainted" her life, eroding her mental health, interfering with her career and deterring her from forming long-term relationships.
The woman, who cannot be identified under a publication ban, said she started having panic attacks and anxiety after Nygard raped her in his former company's Toronto headquarters in the late 1980s.
After that, the woman "couldn't bear being seen," which hampered her previously successful acting career, nor could she trust men or develop deeper relationships, she told a Toronto court as Nygard's sentencing hearing began.
"This rape has tainted my life,” she said. "I did not live up to my full potential."
"I'm now a 63-year-old woman and I'm deeply saddened by the lack of love in my life," she added. "In retrospect, I realize it's the direct result of the violation."
Nygard, 83, was found guilty on four counts of sexual assault last November, but was acquitted of a fifth count, as well as a charge of forcible confinement.
The charges relate to allegations dating from the 1980s until the mid-2000s.
Two other complainants, neither of whom can be identified, also laid bare Wednesday the lasting emotional and mental impact of the sexual assaults.
"The damage caused by my sexual assault is endless," one of them said in a statement read in court by the prosecution.
"The nightmares are never-ending, not to mention the hurt and shame," she said, adding the court proceedings — and the delays at the sentencing stage — have made her relive the trauma and have prolonged the healing process.
Another complainant said her life was derailed by Nygard's actions, and that she now lives "in a veil of sadness."
"I am still frail, I am still fragile,” she said.
The mother of one of the complainants also described her ongoing guilt in a written statement read by the Crown, saying she was misled into taking her daughter "into a trap where she was raped."
Prosecutors said Wednesday that while a sentence of 19 years would be appropriate, they are asking the judge to sentence Nygard to 15 years to account for his age and health.
The Crown is also asking that Nygard be given one day of credit for each of the more than 1,000 days he has spent in custody so far, rather than 1.5 days.
Among the aggravating factors are premeditation and the fact that Nygard used his wealth, power and position in society to exploit young women for his own gratification, Crown attorney Neville Golwalla argued.
“This pattern should be understood for what it is. Simply put: predatory,” Golwalla said.
Nygard's violations of consent were "deliberate and overt," he said, noting the complainants testified they repeatedly said no and the verdict suggests the jury accepted their account.
“Consent was not on Mr. Nygard’s mind. Entitlement was what fed his actions,” Golwalla said.
Nygard's age and his health are mitigating factors, his defence lawyer said.
Gerri Wiebe said her client is not simply dealing with health challenges due to aging, but requires "enhanced care and treatment" in order to live.
She listed a number of conditions, including Type 2 diabetes, which she said he was previously able to manage partly through his diet before being detained. He is continuously being served "inappropriate food" and has lost a significant amount of weight in custody, she said.
Nygard also has deteriorating vision, chronic pain and multiple allergies, as well as mobility issues and incontinence due to an enlarged prostate, she said.
Wiebe also disputed some of the aggravating factors listed by the Crown.
Golwalla argued it's up to Nygard to demonstrate that his medical needs can't be addressed in a correctional facility.
Nygard sat in a wheelchair for part of Wednesday's hearing, wearing a winter jacket over a hoodie and what appeared to be a visor.
The sentencing hearing that began Wednesday was pushed back multiple times, in part because Nygard's two previous defence lawyers, Brian Greenspan and Megan Savard, asked to withdraw from the case earlier this year.
Nygard, who once led a multimillion-dollar clothing empire, has also faced health challenges throughout the case.
Aside from the Toronto case, he is also facing charges in two other provinces and the United States.
His Manitoba trial on sexual assault-related charges has been delayed in part due to Greenspan's resignation as his defence lawyer in that case as well as the Toronto one.
Nygard also faces one count of sexual assault and one count of forcible confinement in Quebec.
He was first arrested in Winnipeg in 2020 under the Extradition Act after he was charged with nine counts in New York, including sex trafficking and racketeering charges.
In May, Manitoba's highest court dismissed Nygard's application for a judicial review of his extradition order, finding there was no reason to interfere with the order issued by then-justice minister David Lametti.
None of the criminal charges against Nygard in Quebec, Manitoba or the U.S. have been tested in court, and he has denied all allegations against him.
This report by The Canadian Press was first published July 24, 2024.
Paola Loriggio, The Canadian Press
