**WARNING: This story deals with sexual assault of a minor and some may find it troubling to read. Reader discretion is highly advised.**
A Penticton man was sentenced Tuesday to more than five years in a federal penitentiary after being found guilty of multiple sexual offences involving his girlfriend’s daughter, who was age 12 at the time of the assaults in 2021.
Justice Briana Hardwick imposed a sentence of 62 months in prison, in addition to nearly two months the accused spent in pre-sentence custody.
A publication ban is in place preventing the release of any information that could identify the victim. As a result, The Herald is identifying the accused only by the initials T.Z.
Following a trial earlier this year, Hardwick found T.Z., now 28, guilty of sexual interference and convicted him of five separate sexual assaults against the victim over a three-month period in 2021, including three incidents involving sexual intercourse.
Crown prosecutor Danielle Borgia had sought a sentence of six to seven years, while defence counsel Nelson Selemaj argued for a four-year custodial sentence.
Borgia told the court the Supreme Court of Canada has repeatedly ruled that sexual assault against a child is inherently violent and warrants severe punishment to meet the sentencing principles of denunciation and deterrence. She noted that the emotional, psychological and physical harm suffered by child victims often lasts a lifetime.
While a psychological assessment described the accused as posing a low to moderate risk of reoffending, Borgia said the author of the report was unaware at the time that the offences occurred repeatedly over an extended period. She also pointed to a lack of remorse, noting the accused claimed he had “accidentally” assaulted the girl after mistaking her for his girlfriend.
Borgia said the accused became a father figure in what she described as a “chaotic” household with several young children and ultimately abused his position of trust. She added that while alcohol and marijuana use did not excuse the behaviour, it increased his moral culpability.
Selemaj emphasized that his client had no prior criminal record and submitted that a four-year sentence was appropriate.
In addition to the penitentiary term, T.Z. was ordered to provide a DNA sample for the national databank and to register on the national sex offender registry for 20 years. He was also prohibited from contacting the victim for 10 years and barred from attending public places where children under the age of 16 are likely to be present following his release.
