THUNDER BAY - A Thunder Bay area man who sexually assaulted a child on several occasions during a six-year period was sentenced to eight years of incarceration by a Thunder Bay judge recently.
The 67-year-old man cannot be named due to a court-ordered publication ban in effect in order to protect the identity of the victim.
Court heard on Aug. 5 the offender had previously been convicted of one count of sexual assault and sexual interference for offences that took place against a young girl between 2008 and 2014.
Crown counsel Tiffany Boisvert gave a brief summary of the disturbing details of the sex offences against the child. Court heard the offender began sexually abusing her from when she was seven years of age until she was 13.
One particular offence took place while the offender's wife was present in the same house, court heard.
During the trial, the victim described being pinned down by the offender during the sex assaults and the fear and pain she endured as a result.
Several victim impact statements were submitted to the court on behalf of the complainant and her family which described how the assaults have affected her and those close to her. The complainant stated she suffers from anxiety and has a fear of being alone and lacks trust around men. Family members of the victim also stated they suffer from their own anxiety and described sorrow over not recognizing the signs that the complainant was being sexually abused.
Judge Bonnie Warkentin sentenced the offender to a total period of eight years in prison for the offences. He also faces two separate weapon prohibition orders; one being for life, the other for a period of 10-years. The offender must also register under the Sex Offender Information Registration Act for 20 years.
Crown lawyers had submitted a nine-year sentence for the offender while defence counsel had recommended a five-year sentence.
When given an opportunity to speak, the man told his lawyer he had nothing to say.
Warkentin also ordered the offender to not be within one kilometre of the complainant at any point for the rest of his life.
He cannot have anyone under the age of 16 on his property, and he is prohibited from obtaining or seeking employment or volunteering in a position that involves authority over a person under the age of 16.
Defence counsel Neil McCartney argued for an exception to be made to allow his client to attend a community centre or public park with the direct company of at least one other adult who does not have a criminal record and is aware of this conviction.
Boisvert argued the offender should not be granted this exception and emphasized a pre-sentence report in which found the offender continues to deny responsibility for his actions despite being convicted.
Crown counsel highlighted that the individuals closest to the offender have either refused to accept the court’s findings or do not appreciate the seriousness of the conviction. Several letters of support were submitted to the court on behalf of the offender which stated they did not see him as a threat around children.
“Many of (the offender’s) closest family members and friends maintain he is of good character and do not believe that he committed the offences despite the court’s verdict,” Boisvert said. “They do not see (him) as a risk with some indicating they would have no issue having him around their children.”
Boisvert submitted to the judge these individuals would likely be the ones supervising the offender around individuals under the age of 16, and stated they would not be appropriate people to supervise the offender and ensure he is adhering to court orders.
Despite the arguments from the Crown, Warkentin accepted the recommendation by defence. She said that in spite of the comments in the letters of support, nothing else had been provided to the court to suggest the individuals who wrote the letters and who could potentially act as supervisors would deliberately violate court orders.
“I have considered the fact (the offender) is an active member of a church community and to impose the order sought by the Crown without the exceptions of a supervisor proposed by your counsel would be to deprive you of your community support, something I find unduly harsh,” Warkentin said.
“It’s for that basis I accept the defence’s recommendations,” she said.
The convicted man has seven years and seven months left to serve on his sentence after taking into account the time he served in pre-sentence custody on an enhanced basis.
