The respondent attached to the statement of claim the opinion of Dr. Weil. In the last part of the opinion, entitled "Discussion and Conclusions," Dr. Weil notes that "about five years ago, [the respondent] underwent lengthy detention, accompanied by re-investigations, following his charge of brutally raping a girl... As a result of his prolonged detention [and] the humiliating interrogations he underwent, [the respondent] developed post-traumatic stress syndrome." Thus, it is not the arrest alone that causes the damage.
This is also the case in the opinion of Prof. Tiano, the expert appointed by the trial court. Prof. Tiano details the experiences described by the respondent to him, which caused him emotional damage:
"[The respondent] describes in a long and detailed manner all the details of the sequence of events, from the beginning of the unreliable identification, which led him to be classified as a rapist, with all the significance that this description carries, whether personally or socially. He then goes on to describe the experiences of the police interrogation, which were difficult and physical. Finally, the prison experiences, which, as we know, make life much more difficult for a sex offender there. He suffered violence, insults and humiliation."
The expert went on to write:
"To summarize the clinical examination, this is a partial post-traumatic stress syndrome... The events he underwent during the interrogation and his stay in prison were harsh and humiliating, and they were based on an anxious personality from the outset. Despite this, [the respondent] managed to recover with the help of psychotherapeutic treatment relatively quickly, to the point where it was possible to recover functionally, when it was clear that the events had left a scar with all their meanings.
When we come to discuss a differential diagnosis, we are dealing with post-traumatic stress syndrome with a differential diagnosis of impersonation... As for impersonation, I did not find in [the respondent's] words an exaggeration of the symptoms, and I accept the complaints he brought as an objective component, which is supported by the clinical examination" (Appendix 12 to the exhibits file).