Okanagan man imprisoned for sex with minor

Okanagan man imprisoned for sex with minor

The accused’s name is being withheld to further protect the identity of the victim

VERNON, B.C. — A man accused of engaging in sexual acts, including intercourse on three occasions with a minor, has been sentenced to 28 months in prison.

Charged with sexual interference, the accused, whose name is being withheld to further protect the identity of the victim, was handed the sentence by Justice Allan Betton in Vernon Supreme Court Nov. 2, 2018.

According to Justice’s reasons for sentencing, the offences occurred in June and July of 2015 when the accused was 36-years-old and the victim was 15-years-old. The victim met the accused through his nephew, with whom she was intimate.

“Soon after, and at the accused’s parents’ residence, the victim was introduced to the accused, with the accused’s nephew present. They engaged in a threesome or, as the accused referred to it, a ‘tag,’” Justice Betton said and added that the victim and accused had sexual relations on two subsequent occasions.

“At the time, the victim was struggling with personal issues that led her to engage in self-harm, specifically cutting, and she struggled with thoughts of suicide. Her body had visible scars from the cutting. The victim was at all times a willing participant but, in law, incapable of consenting to the sexual activity.”

Outlined in the reasons for sentencing, the Crown’s position was that there were several aggravating factors, including that the offence had a substantial impact on the victim and that, in committing the offence, abused a person under the age of 18. As such, the Crown suggested a jail sentence of three-to-five years.

Defence, however, said a sentence between 12 and 24 months seemed more appropriate given the accused’s background, character references and acknowledgement of the circumstances.

“Reference is also made to a common observation in those letters and a point stressed by his counsel, being the impact that these events have had on the accused’s involvement with his young daughter. He is now precluded from contact with her,” Justice Betton said of the defence’s submissions. “The accused says that this is a collateral consequence that is an important consideration in imposing sentence for these matters.”

A psychological assessment suggests that the accused’s risk for re-offending is low or moderate.

“As noted in my reasons on conviction, he was apparently happy to brag of his sexual encounters and at least joked of ‘troubled girls being his specialty,’” Justice Betton said.

“In my reasons, I rejected entirely the proposition that this statement was indicative of a sincere desire to assist the victim with her difficulties. In the psychological assessment, it would appear that the accused maintained that suggestion when he was quoted to say, ‘I pulled back from the relationship when I realized I couldn’t help her,’ referencing the victim.”

However, Justice Betton said the consequences upon the victim and her family have been dramatic.

“The victim impact statement of the victim and her mother reveal the life‑threatening impact of such callousness,” Justice Betton said. “Those victim impact statements, in my view, also demonstrate the rationale and logic for the legal age of consent.”

Justice Betton sentenced the accused to 28 months in prison. The accused is prohibited from communicating, directly or indirectly, with the victim or any member of her immediate family while he is in custody.

Following his release, an order, which will be in effect for 10 years, will prohibit the accused from being within two kilometres of any house where the victim ordinarily resides, goes to school or is employed, and from seeking, obtaining or continuing any employment, volunteer or paid, that involves being in a position of trust or authority towards a person under 16-years-old. He is also to provide DNA and is prohibited from possessing any firearms, ammunition or explosives.

“The matters before me are serious in nature,” Justice Betton said. “The impact on this victim has been significant. The fact that she was dealing with personal issues of a significant nature are all important considerations. The accused’s attitude toward her is a troubling feature of his conduct.”


@VernonNews
parker.crook@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

COVID-19 test tube. (Via Getty)
COVID-19 moving out of southern Interior and into the north: IH

IH says vaccinations reaching care homes, Big White cluster hard to control, virus spike in Fernie

Medical chief of staff Dr. Brad Raison of Penticton Regional Hospital and John Moorhouse of the Okanagan Similkameen Medical Foundation look over one of the rooms in the David E. Kampe Tower in 2017 while the tower was under construction. (Western News File)
After 46 years in media, Moorhouse retires

John Moorhouse spent the last six years with the South Okanagan Similkameen Medical Foundation

Calls for potential overdoses in B.C. spiked in 2020, especially in the Okanagan - Shuswap. Pictured above is a BCEHS re-enactment of paramedics attending an overdose. (BCHES)
Overdose calls spike in 2020 across the Okanagan – Shuswap

Stats show every major community in Okanagan - Shuswap increased in calls for potential overdoses

(Stock photo)
EDITORIAL: COVID-19 restrictions continue to affect us all

Canada has recorded more than 700,000 confirmed cases of pandemic

A couple living at the Summerland Waterfront Resort is trying to sell their unit because of strata changes which will require them to pay significantly higher strata fees or have their unit included in the resort’s rental pool (John Arendt - Summerland Review)
Permanent residents of Summerland resort must move or face major fee increase

Permanent residents of Summerland Waterfront Resort told fees will more than double

Charlotte is one of the resident pigs at Star's Piggly Wiggly's Sanctuary near Kelowna. (Twila Amato - Black Press Media)
Kelowna-area pig sanctuary needs a new home

Star’s Piggly Wiggly’s Sanctuary is looking for properties in Vernon, Coldstream, and Enderby

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

The Elk Valley Hospital is adapting to meet the needs of patients in the Elk Valley.
One in five tests in Fernie area coming back positive: doctor

Dr Ron Clark of Elk Valley Hospital said one in five tests was returning positive for COVID-19

Throughout December, RCMP conducted CounterAttack road checks as police worked to keep roads free of impaired drivers. (BLACK PRESS file photo)
From the “You can’t make this stuff up” file – stories from the BC CounterAttack campaign

Amusing, yes, but a reminder impaired driving affects ability to drive and to make good decisions

(Thesendboys/Instagram)
Video of man doing backflip off Vancouver bridge draws police condemnation

Group says in Instagram story that they ‘don’t do it for the clout’

Inspection of bridge crossing on a B.C. forest service road. (B.C. Forest Practices Board)
B.C. falling behind in maintenance of forest service roads

Auditor finds nearly half of bridges overdue for repair

A cow moose wanders around the Silver Star Elementary School neighbourhood Tuesday, Jan. 19. (Contributed)
Public provoking blamed for moose chasing Okanagan residents

‘The problem is people are bugging it’ conservation officer

(Black Press Media files)
Woman steals bottles of wine after brandishing stun baton in New Westminster

Police say the female suspect was wearing a beige trench coat with fur lining

Most Read