Lawsuit details sexual, physical assaults of vulnerable Sask. man at group home

Editors note: Warning this story contains details that are graphic in nature.

Disturbing details have been revealed about the sexual assault of a vulnerable man who was living in a group home for people with significant cognitive and physical disabilities in Hepburn.

Rick Boguski has filed a lawsuit with the Court of King’s Bench in Saskatoon on behalf of himself and his brother, Darryl Boguksi, against the man responsible for sexually assaulting Darryl and others.

On Wednesday, Brent Gabona pleaded guilty to three counts of sexual assault and two counts of sexual exploitation of a person with a disability when Gabona was an employee at Shepherd’s Villa.

Darryl lives with intellectual disabilities, autism, epilepsy, blindness and limited verbal communication ability. He lived at the group home from 1990 to 2015.

In an interview with 650 CKOM, Rick spoke emotionally about how he and his brother have been grappling with the trauma Darryl suffered from his abuse and the legal fallout since.

“This is a real struggle for us because how is it (that) a violent serial rapist can sit at home after pleading guilty? Where is the justice?” Rick said.

He explained it’s difficult to know Gabona won’t spend the next number of months behind bars, even after having pleaded guilty, awaiting his sentencing, which has been scheduled to happen in October.

Rick spoke emotionally about the pain his now-62-year-old brother endured at the hands of Gabona.

“I’ve had to reassure Darryl over and over again that he is safe, that he will never be harmed by Brent Gabona or anyone else ever again,” Rick said.

The statement of claim filed by Rick gives more details into the abuse suffered by Darryl.

Gabona, who worked as a care aid at Shepherd’s Villa from June 1992 until June 2009, is alleged to have “repeatedly and violently sexually assaulted and sexually battered” Darryl for 17 years while Darryl was living at the six-resident group home.

Those assaults included intercourse and physically holding Darryl’s head under the water.

In 1999, Darryl was diagnosed with pulmonary edema, an accumulation of fluid around the heart. Previously, Darryl had no cardiac issues. The statement of claim asserts this condition is the result of Gabona holding Darryl’s head under the water while bathing him.

The statement of claim says that after Gabona was hired at the group home, there were several instances where Darryl displayed injuries like rashes, bruising to his chest and nipples and swollen testicles, among others. He also suffered frequent urinary infections.

Other residents experienced “stretching of the anus.”

Reportedly, Gabona would make reports that claimed Darryl was acting out and hurting himself, inquiring about Darryl’s behaviour being sexually inappropriate.

Darryl’s visits home, which were frequent over weekends and holidays initially when he moved into Shepherd’s Villa, were eventually deemed “too upsetting to Darryl” by the group home and limited to once a month.

The statement of claim also lists Myrna Andres as a defendant; she’s a supervisor at Shepherd’s Villa and Gabona’s mother. It alleges she: Did not take the proper steps or any steps to investigate signs of abuse displayed by Darryl; used prescription drug to sedate residents, including Darryl; and, breached the duty of care and fiduciary duty she owed Darryl and other residents.

The statement of claim contains allegations not yet proven in court.

Darryl was eventually kicked out of Shepherd’s Villa for behavioural issues, which Rick asserts was the result of the trauma Darryl endured during his time there. Darryl is currently living in Alberta with Rick, where his overall happiness and behaviour have “improved consistently.”

The Government of Saskatchewan and Shepherd’s Villa are also named as defendants in the statement of claim.

Rick said this is the first time in Darryl’s life he’s had to confront the trauma he experienced and has been working to speak with him about it as his brother, 24/7 caregiver and legal guardian.

Without a trial and still seeking answers to questions, Rick said he hopes the lawsuit is a way to bring accountability and facts to light about his brother’s case.

“We believe we have a strong claim and all the defendants must be held accountable,” Rick said. “This is not about the money at all. This is about accountability.”

Rick said he is still waiting to learn how Darryl could’ve been “violently raped for up to 17 years without anybody knowing anything.”

Reliving the hurt has been difficult for Darryl and Rick, too. On top of dealing with his own challenges, Rick said Darryl will still react and sometimes cry out when he hears about Gabona. Simple, daily acts like going to the washroom or getting a kiss in bed at night can still cause Darryl to act out.

“I never knew why Darryl was the way he was,” Rick said. “Now it all makes sense because Darryl was so horribly abused and there was nobody there to help him.

“It’s a real stab in the heart when you know he’s suffered so much and now this has to be a continued focus in his life.”

Rick is hoping anyone who hasn’t come forward but has information about Shepherd’s Villa will share that information to continue to help piece together what Darryl and others went through. Rick also believes there are more people Gabona victimized.

In order to seek closure, Rick said he has been seeing a counsellor. However, despite attempts to obtain counselling for Darryl, Rick said he has been unable to because of Darryl’s unique needs combined with the trauma he has endured.

“I don’t think that there is a sentence that would match what Brent Gabona did to Darryl and the others for all those years,” Rick said.

“We want to move on,” he continued. “We want to heal but we can’t until Brent Gabona is behind bars.”