A 67-year-old man convicted of the 2021 sexual assault and sexual touching of a girl under 16 was sentenced Dec. 5 by a judge in Fort St. John to four-and-a-half years in jail.
“This type of sexualized violence committed against a vulnerable girl in her own home is absolutely intolerable,” said BC Supreme Court Justice Michael Brundrett.
The sentencing decision was, coincidentally, published on Dec. 23, the fourth anniversary of the victim’s suicide.
The Crown asked for a five-year sentence. Brundrett emphatically rejected the defence’s proposal of two years less a day, with two years probation, or two-to-three years jail. He called it too low for the serious crime which had such a profound effect on the victim.
“The offences took an incredible mental, emotional, and physical toll on her, to the point where she felt overwhelming trauma and ultimately committed suicide,” Brundrett said.
A publication ban protects the identities of the victim and witnesses. Brundrett referred to the guilty man as Mr. H and said he violated a position of trust as the girl’s great uncle.
The girl lived with her grandmother, who is Mr. H’s sister, since shortly after her birth, because her mother was unable to care for her.
On the night of the crime, Oct. 6, 2021, Mr. H bought alcohol for the girl. She became drunk and fell asleep in the basement. He proceed to exploit the girl, a member of the same First Nation.
Brundrett acknowledged Mr. H’s aboriginal heritage. He grew up as a child of an alcoholic, did not complete elementary school, committed crimes and became an addict.
His record does not include related convictions and he was deemed a low risk of reoffending, but he showed no remorse.
“I expect that his rehabilitation may be challenging given that he continues to deny the offence,” the judge said.
Brundrett gave Mr. H credit for two days time served, banned him from possessing firearms for 10 years and added him to the national sex offender registry for a term of 20 years.
The sexual assault charge was stayed in favour of the more-serious sexual interference offence due to a court rule against double convictions for the same incident.
