A Manitoba aboriginal elder will not go to jail for using his position of trust to persuade a female inmate to have sex with him.
Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.
Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was behind held at the Winnipeg Remand Centre, the judge was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.
Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering the woman cigarettes in exchange for flashing.
The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions, but was never paid by Hall, the judge heard.
The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.
Hall initially claimed it was the woman who offered him sex in exchange for cash, but later admitted his wrongdoing. Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and is now living off welfare.
Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.
Provincial court Judge Patti Umpherville said Tuesday that Hall doesn't pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify. His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.
WINNIPEG - A Manitoba native elder will not go to jail for using his position of trust to convince a female inmate into having sex with him.
Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.
Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was being held at the Winnipeg Remand Centre, court was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.
Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering her cigarettes in exchange for a flashing, court was told.
The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions but was never paid by Hall, court was told.
The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.
Hall initially claimed it was the woman who offered him sex in exchange for cash but later admitted his wrongdoing.
Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and now is living on social assistance, court was told.
Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.
Provincial court Judge Patti Umpherville said Tuesday that Hall doesn’t pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify.
His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.
A native elder and jail counsellor who abused his position to coerce an inmate into providing him with oral sex won’t be going to jail.
Instead, a judge has ordered that Neil Hall serve an 18-month conditional sentence in the community.
“I find little good in sending this offender to jail when he has shown he is ready and willing to be rehabilitated,” Judge Patti Umpherville said Tuesday. “The decision did not come easy to me.”
Hall, 55, previously pleaded guilty to one count of sexual assault.
Umpherville said Hall had a troubled upbringing that included prolonged abuse at a residential school. Hall has no prior record and has had no more run-ins with the law since his arrest. The court received 20 letters of support from across Canada and the U.S.
The Crown had been seeking an 18-month jail sentence.
“If you are looking after individuals who are incarcerated, who have little or no place to turn ... to then turn on them and impose your will in a sexual fashion is clearly something that cries out for a very strong message,” special prosecutor Don Knight said at a sentencing hearing earlier this month.
The then 29-year-old victim was a ward of the public trustee and described as a vulnerable person. Court heard the woman was incarcerated at Winnipeg Remand Centre in April 2006 when she asked to meet Hall in his office for an aboriginal smudge ceremony. During the smudge, Hall asked the woman to lift up her shirt and expose her breasts. The woman refused and left his office a short time later.
During later visits to Hall’s office, Hall gave the woman cigarettes in exchange for the woman exposing her breasts. The sexual contact escalated with Hall offering her $40 for oral sex. The woman performed oral sex on Hall three or four times before release from custody the following June.
Hall told the woman she could live with him when she was released from jail. When she later called Hall to take him up on his offer “she realized he had been lying to her,” Knight said at a previous hearing.
Hall claimed it was the woman who offered sexual favours in exchange for money. At an earlier hearing he appeared to not understand why he had been arrested.
Defence lawyer Saul Simmonds argued the Crown would have had a very weak case against Hall had he not reported to police and provided a voluntary statement.
“Had he chosen not to” the likelihood of prosecution was “realistically nil,” said Simmonds. “He realizes what he did was inappropriate, because even if it was consensual, he still was in a position of trust,” Simmonds said.
Umpherville ordered that Hall not lead any spiritual ceremonies or hold a position of trust unless approved by his probation officer. She also ordered that Hall’s name be included on the national sex offender registry for 10 years.
I completely agree with the conditional sentence for this man. I agree with the judge and believe he does not pose a danger to the community. I feel sorry for this man as he suffered from abuse at residential schools, which is horrible and has a significant effect on brain development. That is a huge mitigating factor and this man desperately needs help; counseling and treatment programming.
No comments:
Post a Comment