11/20/2013 04:00 EST | Updated 01/23/2014 06:58 EST

David Pickton Lawsuit: Killer's Brother Threatened To Rape, Kill, Suit Says


VANCOUVER - A lawsuit has been launched against David Pickton, the brother of serial killer Robert Pickton, alleging he threatened to kill and rape a woman on a Burnaby, B.C., construction site more than two decades ago.

The notice of civil claim against Pickton was filed in B.C. Supreme Court Tuesday, alleging he sexually assaulted the woman on a job site in August 1991 and when the assault was interrupted he threatened to rape her later.

The woman alleges in the lawsuit that Pickton came upon her quickly, forced her backwards, trapped her against the wall, pushed his hands down her pants and sexually assaulted her.

The attack was interrupted when an unknown person entered the trailer, the document said.

"Before leaving, Pickton turned around and glared at the Plaintiff, and said, 'I'm going to rape you, I'm going to rape you,'" states the document.

The notice of claim contains allegations not proven in court.

According to the same document, Pickton was convicted of the sexual assault in Burnaby provincial court Feb. 26, 1992.

"Are you for real," Pickton said in an interview when he was told about the allegations in the lawsuit.

When asked to confirm the conviction, he said he didn't recall being convicted.

"I'm not too familiar with that, 20 years ago, you know, I have a hard time remembering 20 years ago. I can't remember 20 years ago."

The conviction cited in the claim could not be immediately confirmed because a search of the Ministry of Justice's online database appeared not to go back that far.

The Canadian Press is not naming the woman because she is an alleged victim of a sexual offence.

The lawsuit said the woman reported the sexual assault to her site supervisor but to her knowledge nothing was done.

"David Pickton and his brother, Robert, leered at her after she made the report and laughed and pointed at her in view of the other workers at the construction site," states the notice of civil claim.

The woman reported the assault at the RCMP and the following day two officers attended the site, took her statement and conducted an investigation, the document said.

A day or two later, a heavy-equipment operator beckoned her over, it adds.

"'You better get out of here. Get your kid and get out of town, They're going to kill you. They're going to cut you up and they'll spread you all over where you won't be found,'" states the court document.

The plaintiff inferred the equipment operator was relaying a threat from his employer, Pickton, states the document.

The notice of civil claim states her job was terminated, and the night before she moved from her Burnaby home to White Rock, two large men parked their motorcycles in front of her house and waited for at least four hours.

"She telephoned the police, and they told her that there was nothing they could do about it because the men were not trespassing," states the document.

When Pickton was told the name of the woman making the allegations, he only said her name sounded familiar.

"Unbelievable. This on the job site," he said.

The lawsuit alleges Pickton violated the woman's sexual integrity, caused her psychological distress, caused or contributed to psychological injuries like anxiety, depression and post-traumatic disorder and cost her income.

She was already facing challenges at the time and is only now recovering from the attacks that put her into a "steep and dangerous tailspin," states the document.

"The plaintiff's condition has generally stabilized and she is now in a position to commence this litigation against David Pickton," said the civil claim.

The plaintiff alleges the threat of rape, the leering and pointing, the comments by the equipment operator and the motorcycle riders were meant to cause emotional distress and intimidate her into not co-operating with police and attending court.

The woman is seeking general, special, punitive and exemplary damages, as well as costs, and any further relief the court may award.

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