Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Sexual Interference. Show all posts
Showing posts with label Sexual Interference. Show all posts

Tuesday, July 20, 2010

Two more years for ex-colony member's sex crimes

A former member of a Manitoba Hutterite colony must spend another two years in prison for sex-related crimes a judge has called "humiliating and degrading."
The 20-year-old man -- who can't be named because some of his offences happened when he was a youth -- pleaded guilty earlier this spring to years of abuse against several younger boys living on the same colony.
He was seeking to be released from custody immediately with a sentence of nearly 12 months of time already served in custody. But provincial court Judge Robert Heinrichs said Monday more punishment is needed.
"This is the kind of serious and disturbing behaviour that calls out for denunciation and deterrence," he said.
Heinrichs also placed the man on three years of supervised probation with strict conditions, including having no contact with children under the age of 16. His name will also be placed on the national sex-offender registry for a 20-year period.
The man admitted to three counts of sexual interference and one count of forcible confinement. He was arrested last summer following a lengthy police investigation. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009. They involve more than 50 separate incidents.
Court heard the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.
"I've been kicked out of the colony," he said during sentencing submissions last month "Right now, I'm stuck (on) where to go... I have to start on my own."
Heinrichs said he took the colony's reaction into consideration when sentencing the man.
"In a way he has already felt the effect of his community's judgment against him," he said.
The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. He also would use plastic ties to restrain some of them to chairs inside the colony pig barn.

Man sentenced to two more years for sexual assaults
A 20-year-old man has been ordered to spend another two years in jail for repeated sexual assaults against several boys on a Manitoba Hutterite colony.
The accused – who can’t be named because some of his crimes happened when he was a youth – was seeking to be released from custody immediately with a sentence of nearly 12 months of time already served in custody. But provincial court Judge Robert Heinrichs said Monday more punishment is needed.
"This is the kind of serious and disturbing behaviour that calls out for denunciation and deterrence," he said.
Heinrichs also placed the man on three years of supervised probation with strict conditions, including having no contact with children under the age of 16. His name will also be placed on the national sex offender registry for a 20-year period.
The man pleaded guilty earlier this year to three counts of sexual interference and one count of forcible confinement. He was arrested last summer following a lengthy police investigation. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009.
Court heard the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.
"I've been kicked out of the colony," he said during sentencing submissions last month "Right now, I'm stuck (on) where to go... I have to start on my own."
The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. Prosecutor Jennifer Mann told court his actions showed the abuse wasn't a "spontaneous act."
However, defence lawyer Leonard Tailleur said he's contesting that because accusations the man performed and received oral sex during the abuse does not classify it as a major sexual assault. He also said his client was not in a position of trust or authority regarding the boys he targeted.
The lawyer said the strict religious setting of a Hutterite colony meant his client received corporal punishment and was put under house arrest when the abuse was discovered. The man has participated in programming in prison and is not considered a high risk to reoffend.

I completely disagree with two more years for this man. What purpose does prison serve? How does it help him? It doesn't. Prison should only be meant for those who pose a danger to society. This man does not. If he is committing sex crimes at such a young age, I suspect that he has been abused himself in childhood or because of his religion, has suppressed his sexual urges and emotions. This man could better benefit from counseling, and rehabilitation sex offender programs in the community through a conditional sentence. Prison should always be a last resort and needs to be relied upon less, to combat overcrowding. Deterrence is a myth, because most criminals are not rational, but impulsive and do not consider the consequences of their actions or the possibility of punishment.  

Tuesday, July 6, 2010

Man who lured teen with drugs and sexually assaulted her, sentenced to 2 years

A Winnipeg man who lured a 14-year-old girl into a house with a promise of drugs and then forced her to have sex with him has been sentenced to two years in prison.
Gilbert Genaille, 35, pleaded guilty Monday to one count of sexual interference.
Genaille agreed to admit his guilt in a plea bargain that saw him receive double credit for the one year he has already served awaiting sentencing. He remains in custody on other charges.
Crown attorney Wendy Friesen said the victim, a ward of Child and Family Services, was unlikely to testify had the case gone to trial.
“She described herself as too emotionally unstable to deal with this,” Friesen said.
“This is the best resolution of this matter ... I acknowledge the facts are horrible.”
Court heard Genaille and another man were outside a William Avenue house party, around 6 a.m., July 19, 2008, when the victim and a 15-year-old girl walked by. Genaille invited the girls inside to smoke some crack.
Genaille and the victim smoked crack together. The second girl declined the offer of drugs, left the house and called police.
Genaille and the victim were alone in the house when the girl said she wanted to leave.
“He said no, she had to stay and pay him for the crack she had smoked,” Friesen said.
The girl said no two times before submitting to Genaille’s demands for sex, Friesen said. Police arrived and found Genaille having sex with the girl in the basement.
Judge Tim Preston said Genaille exploited a vulnerable girl and called the incident “very serious.”
“This is the type of crime that would normally bring with it a sentence of some heft,” he said.
Preston sentenced Genaille to an additional 18 months supervised probation.

I disagree with 2 years prison time for this man. Most sex offenders have been abused themselves in childhood and suffer from brain chemical deficiencies as a result. I believe that sex offending is a form of mental disorder, for which one needs counseling and treatment for, not prison. Imprisonment is likely to worsen one's mental condition, with the negative environment, influences, subculture and overcrowding. I believe that sex offenders need help, not prison. This man should have been sentenced to a 2 year conditional sentence combined with probation and be required to participate in court-ordered sex offender counseling and programming in the community.

Saturday, July 3, 2010

Hutterite man who sexually abused boys should receive time served


A 20-year-old man accused of sexually assaulting boys on a Manitoba Hutterite colony told a sentencing hearing Friday he must rebuild his life after family and community members abandoned him.
The man has pleaded guilty to three counts of sexual interference and one count of forcible confinement.
He was arrested last summer. Court documents alleged he abused 11 boys under the age of 14 during a seven-year span. Ultimately, he pleaded guilty to charges of abusing three boys between December 2006 and August 2009.
Provincial court Judge Robert Heinrichs reserved his sentencing decision until July 19.
Court heard Friday the Hutterite colony has told the man he's not welcome to return. Since the abuse came to light, his two brothers won't have anything to do with him.
"I've been kicked out of the colony," he said. "Right now, I'm stuck (on) where to go... I have to start on my own."
The man's name cannot be published to protect the identify the victims of the attacks. Also, one of the charges against him falls under the Youth Criminal Justice Act.
Crown prosecutor Jennifer Mann told the court she is seeking a five-year prison sentence.
The man used rubbing alcohol to ply victims after putting a mask on them, an idea he reportedly picked up from a comic strip. Mann said his actions showed the abuse wasn't a "spontaneous act."
However, defence lawyer Leonard Tailleur said he's contesting that because accusations the man performed and received oral sex during the abuse does not classify it as a major sexual assault.
He also said his client was not in a position of trust or authority regarding the boys he targeted.
He argued his client, who's spent almost 11 months in prison, should be released with no more prison time.
The lawyer said the strict religious setting of a Hutterite colony meant his client received corporal punishment and was put under house arrest when the abuse was discovered.
The man has participated in programming in prison and is not considered a high risk to reoffend.

This man should receive time served and be released with no more prison time. He has participated in programming and is not a high risk to re-offend. I do not believe he is dangerous or violent and is not a threat to the public. Most sex offenders have been abused themselves or have gone through some traumatic experience. I would be interested in knowing more about this man's background. I feel sorry for him that his colony and family have disowned him completely and he is now left to fend for himself. I think that is punishment enough for this man. I also believe he should attend counseling to uncover what has happened to him in his past.  

Tuesday, June 22, 2010

Coach spent months "grooming" victim before sex assault, documents allege


A 50-year-old Winnipeg soccer coach allegedly spent months "grooming" one of his 12-year-old players for a sexual relationship, according to court documents obtained Tuesday by the Free Press.
Search warrant affidavits outline the case against the man, who was arrested last week and charged with various offences. None of the allegations have been proven and he is presumed innocent.
The female soccer player was interviewed by police last month and told investigators the relationship with her coach was "normal" until the end of their first season together last spring. Police said the girl started confiding in her coach about ongoing difficulties at home between her parents, who were separated and living apart.
The coach allegedly began asking his player to call him at home, where they would have lengthy conversations about her parents and other off-field issues. He started offering to drive her home from soccer during games and practices when her parents couldn’t attend or had to leave early.
Police say the man would make detours to his house while driving her home on several occasions. The first time, the coach allegedly began hugging his young player. The second time she claims it progressed to rubbing her back and whispering in her ear.
By the third time, the coach is accused of removing the girl’s clothing and having sexual intercourse with her.
Police say there was a clear escalation following that incident, with the coach repeatedly asking the teen to send nude pictures of herself and threatening to break off contact if she refused. The coach allegedly began sending graphic photos of himself. Police say there were more than 100 explicit photos exchanged between the two.
The relationship was eventually exposed last month by the girl’s mother who found notes in her daughter’s room professing her "love" for her coach. The woman also contacted MTS to get copies of all her daughter’s outgoing texts to the man, which were forwarded to police.
Police say the case shows children might be targeted by people they know and trust, not random strangers.
The coach is currently being held in custody on charges including sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, possessing child pornography, exposure to a person under 14 and Internet luring.
The Free Press is not naming him to protect the identity of the alleged victim.

Coach groomed player for sex: police
A Winnipeg soccer coach accused of sexually assaulting and exploiting a young female player exchanged as many as 60 text messages a day with her as part of an alleged effort to groom her for a sexual relationship, CBC News has learned.
Details of the allegations against Steven Skavinsky, 50, emerged Tuesday after the CBC obtained a sworn search warrant affidavit authored by a Winnipeg police child abuse detective.
Skavinsky remains in custody pending a court appearance on Thursday.
He is presumed innocent of charges including sexual assault, sexual exploitation, possession of child pornography and internet luring of a minor.
Police applied for a search warrant to search Skavinsky's home in May after conducting a videotaped interview with the alleged victim. Police also spoke with her parents and Skavinsky himself.
The warrant allowed police to search the home for potential forensic evidence and seize items including computers, digital images, data storage devices and a sofa cover.

Text messages uncovered

According to the sworn affidavit police used to obtain the warrant, Skavinsky coached the girl's soccer team for two years.
However, it wasn't until May 3 that the then 13-year-old girl's mother noted she had been found near Skavinsky's home after leaving school early, the affidavit said.
The mother told investigators she found notes in the girl's room stating, "I love you Steve," Detective Const. Derek Charison wrote.
The mother also approached a local phone company to obtain copies of outgoing text messages from the girl's personal cellphone after calling the company and requesting them, Charison wrote.
The girl's father was also interviewed and admitted being "uncomfortable with the developing relationship … and was aware that they were texting and phoning each other on a regular basis," Charison stated.
The document said representatives of Child and Family Services were called in to interview all parties in May 13. After that, police were contacted and began their own investigation.

'60 times a day'

On May 22, the girl was brought to police headquarters in downtown Winnipeg.
In a videotaped interview, she said that "the relationship was a normal coach/player relationship at first, however towards the end of the first season, it became closer," Charison stated.
The two began text messaging each other, starting "once or twice a week and then it became more and more frequent." According to the documents, the two eventually began texting "before she went to school, after school and before she went to bed."
"They would text up to 60 times a day," the documents said. "Skavinsky asked her to call him and they talked about her parents fighting."
The girl told them that the coach drove her home three times after soccer because her father had to leave early. Each time, they made a stop at his home.
On the first two occasions, the girl said the coach hugged her inside the home, but the third incident "got a lot more physical," the affidavit said.
The girl alleged to police that on this occasion Skavinsky had intercourse with her on his couch, Charison wrote.
After that point, the two began exchanging digital images after he requested it, the girl told police. The pictures became increasingly graphic over time, the affidavit said.
"Skavinsky told her that if she didn't send the pictures, he wouldn't talk to her anymore," Charison wrote.
He also encouraged her to engage in phone sex with him, the affidavit said.
Following the interview, officers asked the girl to take them to identify Skavinsky's home.
The allegations against Skavinsky have not been proven in court.

Police warn parents of grooming 
It began innocently enough, the respected 50-year-old Winnipeg soccer coach forming a strong bond with one of his talented 12-year-old players. But how it ended -- with allegations of explicit chats, nude photos, Internet luring and sexual assault -- has police and child welfare officials warning parents about the dangers of "grooming."
The Free Press obtained search warrant documents Tuesday that outline the case against the accused, who was arrested last week and charged with various offences. None of the allegations has been proven and he is presumed innocent.
"This appears to be one of those classic cases where a lot can be learned," said Noni Classen, director of education at the Canadian Centre for Child Protection. According to police, it was the mother of the young girl who suspected something was amiss and eventually uncovered evidence of the alleged relationship.
The girl was interviewed by police on May 22 and told investigators the relationship with her soccer coach was "normal" until the end of their first season together last spring. Police said she started confiding in her coach about ongoing difficulties at home between her parents, who were living apart. She said the first time he texted her was to say he'd "have a good time with her doing anything." They began exchanging texts a couple times a week, but they soon became more frequent.
"They would text before she went to school, after school, and before she went to bed. They would text up to 60 times a day," police wrote in their affidavit. The coach began asking his player to call him at home, where they would have lengthy conversations about her parents and other off-field issues. He began offering to drive her home after games and practices when her parents couldn't attend or had to leave early.
Police say the man made a detour to his house the first time he was driving her home. He allegedly brought her inside, then gave her a hug "for what felt like 10 or 15 minutes... it was tight and more than a normal hug," the girl told investigators. The coach then tried to hold the girl's hand when they returned to the car but she pulled away. On the second drive home, the coach allegedly brought the girl inside, gave her another lengthy hug and then began massaging her back and "whispering things in her ear," say police. Once again, he tried to hold her hand in the car, this time with success.
On the third drive home, their interaction "got a lot more physical," according to police. The coach began with a hug, then moved his hands under her shirt, eventually removing it. He also removed her shorts and underwear, moved her to a couch and had sexual intercourse. Police say there was a clear escalation following that incident, with the coach repeatedly asking the teen to send pictures of herself.
"He first asked for pictures of her head, then began to ask for ones of her body and would inquire as to what she was wearing," said police. Eventually he was reportedly requesting fully nude photos, which she complied with.
"He told her that if she didn't send the pictures, he wouldn't talk to her anymore," said police. The coach allegedly began sending photos of himself, first in his underwear, then more graphic poses. Police say there were more than 100 explicit photos exchanged between the two.
The relationship was eventually exposed by the girl's mother, who found notes in her daughter's room professing her "love" for her coach. The woman also contacted MTS to get copies of all her daughter's outgoing texts to the man, which were forwarded to police.
Police say the case shows how children might be targeted by people they know and trust, not random strangers. Classen said Tuesday that children who are targeted by these types of "predators" often don't see themselves as victims, which can make it difficult to uncover abuse.
"Often the individuals involved in these types of cases are very charismatic. The child almost becomes emotionally dependent on them, and it becomes very confusing," said Classen. "A lot of times they will come forward not because of the abuse, but because the abuse has stopped." Classen said parents must keep a close eye on their children in organized activities.
"You really have to stick to appropriate boundaries between adults and children," she said. The coach is currently being held in custody on charges including sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, possessing child pornography, exposure to a person under 14 and Internet luring.
The Free Press is not naming the accused to protect the identity of the alleged victim.


Tuesday, May 18, 2010

Hutterite man pleads guilty to drugging and sexually assaulting boys on colony


A 19-year-old member of a Manitoba Hutterite colony has admitted to drugging, restraining and sexually abusing several boys over a prolonged period of time.
The accused – who can’t be named because some of his crimes occurred while he was a youth – will be sentenced June 25 on charges of sexual interference and forcible confinement.

He was arrested in August 2009 and has been in custody ever since. His lawyer is seeking a penalty of time spent in custody, while the Crown hasn’t said what they will be seeking. The man has no prior criminal record.

RCMP initially charged him with attacks against 11 boys between 2002 and 2009. However, he pleaded guilty Tuesday to crimes against just three victims between 2006 and 2009, with the Crown dropping the remaining charges.

Prosecutor Jennifer Mann told court they would have had difficulty proving some of the offences because the man may have been under the age of 12 when some of the crimes occurred, meaning the Criminal Code wouldn’t have applied to him.

Crown and defence lawyers submitted a joint statement-of-facts outlining the incidents on the colony in the Rural Municipality of Cartier. The Free Press is not naming the colony to protect the identity of the victims.
The accused admits he started sexually touching other boys at the colony when he was around 11 years of age and told police he would tie some of his victims to a chair and drug them with rubbing alcohol that he’d placed inside a mask they were forced to wear.
Many of the incidents happened inside a pig barn, court was told. One of the victims was just nine-years-old and told RCMP he was accosted by the accused at least 50 times.
The accused was not related to any of his victims and didn’t hold any position of trust over them, court was told. Police got a confession from the man following three lengthy interviews.

Hutterite teen guilty in multiple sex assaults
A 19-year-old member of a Manitoba Hutterite colony has admitted to years of sexual abuse against young boys, who were often drugged and physically restrained.
The man -- who can't be named because some of his crimes occurred while he was a youth -- pleaded guilty Tuesday to charges of sexual interference and forcible confinement. He will return to court June 25 following the completion of a pre-sentence report.

He was arrested in August 2009 and has been in custody ever since. His lawyer is seeking a penalty of time spent in custody, while the Crown hasn't said what it will be seeking. He has no prior criminal record.
RCMP initially charged the man with attacks against 11 boys between the ages of 8 and 14 over a seven-year period beginning in 2002. However, he pleaded guilty Tuesday to crimes against just three young victims between 2006 and 2009, with the Crown dropping the remaining charges.
Prosecutor Jennifer Mann told court they would have had difficulty proving many of the offences because the man was under the age of 13 when they occurred, meaning the Criminal Code wouldn't have applied to him.
Crown and defence lawyers submitted a joint statement of facts outlining the incidents on the colony in the Rural Municipality of Cartier. The Free Press is not naming the colony to protect the identity of the victims.
The accused admits he started sexually touching other boys at the colony when he was around 11 years of age and told police he would tie some of his victims to a chair and drug them with rubbing alcohol that he'd placed inside a mask they were forced to wear. Many of the incidents happened inside a pig barn and involved fondling and oral sex, court was told. One of the victims was just eight years old and told RCMP the accused accosted him at least 50 times, with the most recent incident happening just weeks before his arrest. The man admits he often wore gloves and a mask while carrying out his crimes.
The accused was not related to any of his victims and didn't hold any position of trust over them, court was told. Police got a confession from the man following three lengthy interviews. Justice officials haven't said why the chronic abuse was suddenly disclosed to police last year following years of secrecy.
A colony spokesperson told the Free Press last year how media attention surrounding the case is making it harder for members to deal with what happened. People from the closed society are not authorized to comment, he added.
Robert Rhodes, an author familiar with Hutterite living, said dealing with the police during the investigation has likely been a tough experience for them because of their limited interaction with the outside world.

Guilty plea in Hutterite sex abuse case

A young Manitoba man has pleaded guilty to committing acts of long-term sexual abuse against boys at a Hutterite colony.
The man, 19, pleaded guilty to three counts of sexual interference and a single count of forcible confinement during a hearing in Winnipeg on Tuesday.
He cannot be named under the provisions of the Youth Criminal Justice act, as one of the crimes happened when he was under 18 years-old.
He will be back in court on June 25 for sentencing.

'On approximately five occasions, the accused would make [the victim] wear a mask that smelled of an unknown substance and which gave him a headache.'—Agreed statement of facts

The man was arrested in August 2009 after RCMP began an investigation into alleged sex abuse on a Hutterite colony in the Rural Municipality of Cartier. He has been behind bars ever since and has never applied for bail.
His defence lawyer will ask the sentencing judge to give the man a time-served sentence, which would be the equivalent of about two years.
The Crown has not yet said what punishment it is seeking in the disturbing case.
The man was initially charged with 60 separate offences involving 10 victims, but the Crown stayed all but the four charges relating to three victims on Tuesday.
Prosecutor Jennifer Mann told court that a number of the charges were duplicates. In some of them there was no likelihood of conviction because the Crown couldn't conclusively prove how old he was when they happened.
Under the Criminal Code, only people aged 12 and over can be criminally charged.

Victims confined, drugged

According to an agreed statement of facts tendered in court, the man started sexually touching other boys at the colony when he was between 11 and 13 years old.
On some occasions he would tie them up and attempt to drug them into submission using rubbing alcohol.
One of the young victims told RCMP that he was 12 when he was tied to a chair in a pig barn at the colony and fondled.
Another victim said that starting in December 2008, the man "engaged in repeated sexual contact" with him, many times in the same pig barn. The victim, who was under 12, told investigators that the man would force him to wear rubber gloves during the incidents.
"If [the victim] did not want to wear rubber gloves, the accused would pin him down until he put them on," the statement of facts said. "As well, on approximately five occasions, the accused would make [the victim] wear a mask that smelled of an unknown substance and which gave him a headache."
The man would also wear gloves and a mask, the statement said.
The final incident happened one month prior to RCMP arresting the man. In an interview with police, the victim, 9, estimated that the man approached him between 50 and 75 times.
Five times, the boy said, he was confined to a chair with plastic ties and would be fondled.
"[The victim] disclosed that the accused would often use his fingers like pliers and pinch [the victim] all over his bum," the statement said.
Police managed to elicit information from the man about the crimes after three interviews with him after his arrest, the statement said.
He has no prior record.
None of the victims were related to him, the statement of facts said.
"There is no suggestion that the accused was in a position of trust or authority … [or] was a person with whom the complainants were in a relationship of dependency."
Police would not say what led them to investigate the colony, but the man's arrest came just weeks after RCMP in Manitou, Man., charged a 72-year-old man from another Hutterite colony, alleging similar crimes.
His case remains before the courts.


I would like to know more about the case, such as his level of remorse, any comments of the accused, and other defence lawyer arguments and any information on the background life of the accused such as if he has family, was abused himself, any addictions issues, or any other factors which could have contributed to this behaviour.

I cannot tell for sure if this man is a danger to society or if he should be imprisoned. He has already spent almost a year in prison awaiting his court date and I think that is enough jail time. He has no prior record. The article makes no mention of any mitigating factors or any possible causes of this man's behaviour, but I feel he should be given a conditional sentence or probation with strict conditions not to have any contact with the boys and to attend some sort of rehabilitative program for sex offenders and counseling for his underlying issues. The majority of teens who sexually assault others, have gone through some sort of traumatic experience as children, which is often being sexually assaulted themselves and they need help. This teen was only 11 years old when he started sexually abusing the children and that indicates something traumatic in his past, maybe he was abused himself. It also probably doesn't help, when Hutterites are sexually repressed and not allowed to express their sexuality. That can be hard for men and teens.  

Friday, April 30, 2010

Man receives 4 year prison sentence for sexually abusing stepdaughter

A Winnipeg teen says she no longer believes in God after her stepfather subjected her to repeated sexual abuse.
“If he existed, he would have done something to save me,” the girl wrote in a victim impact statement.
The girl’s 44-year-old stepfather was convicted after a trial in December of one count of sexual interference and sentenced Thursday to four years in prison. Justice Lea Duval stayed an additional count of sexual assault.

The girl testified her stepfather began molesting her when she was 11 years old. The abuse continued for approximately 18 months and graduated to sexual intercourse.
The man was arrested after the girl reported the abuse to her school guidance counsellor.
The man continues to deny abusing his stepdaughter, “has no empathy for the (victim) and has expressed no remorse,” according to a pre-sentence report.
The man has maintained a relationship with the girl’s mother while the girl lives in foster care, separated from friends and family.
The girl’s mother “indicated that despite being supportive of her daughter, she finds it difficult to believe the charges,” Duval noted in a written decision.
Duval rejected a defence request that the man serve a conditional sentence in the community.

A Winnipeg man has been sentenced to four years in prison for repeatedly sexually abusing his young stepdaughter.
The 44-year-old -- who can't be named to protect the identity of the 11-year-old victim -- had been seeking a conditional sentence that would have allowed him to remain free in the community. The Crown was asking for up to six years behind bars.
The abuse began with fondling but eventually progressed to sexual intercourse, which happened on several occasions during a 12- to 18-month period, court was told. It ended when the victim told friends, and then her school guidance counsellor, about what was happening.
The man fought the allegations at trial and has continued to deny any wrongdoing despite being convicted. He has been deemed a medium risk to reoffend.
"There are no exceptional circumstances in respect of the case at bar which would justify imposing a conditional sentence," Queen's Bench Justice Lea Duval said in a written decision released Thursday.
The stepdaughter, who is now a teenager, filed a victim impact statement in which she discussed the ongoing emotional and psychological trauma she is suffering. The girl said she no longer trusts any adult men and was "terrified" to have to testify in court. She no longer believes in God, saying if he existed "he would have done something to save me." She said she "could have been a different person" had she not been abused.
Her stepfather's name will now be placed on the national sex offender database. He has also been ordered to have no contact with any children under the age of 16 for a 10-year period following his release.

The only info both these articles are missing, is about the offender's past background, childhood, was he himself sexually abused? and any mitigating factors. 

From the information from the article, I would have suggested a 2.5 year prison sentence, as I feel 4 years is too harsh. The man has no prior record (the article did not state that he had one, so I am assuming he doesn't). The aggravating factors in this case include the fact that he is denying any wrongdoing, which is common among sex offenders, has no empathy for the victim and no remorse. I would suggest that he be evaluated by a psychiatrist for psychopathy personality disorder or any other mental disorders, as he exhibits some of the symptoms. 

In prison, I would make it mandatory for him to see a psychologist, to possibly uncover the underlying issues behind his criminal behaviour, such as childhood abuse, which is very common among sex offenders and for him to receive counseling. It would also be beneficial for him to participate in sex offender programs in prison so he can learn the impact of abuse on victims, and learn to address the factors that contribute to the abuse and learn to manage them effectively. Also, if he receives parole or statutory release, I would also make in mandatory that he continue sex offender treatment in the community.    

Saturday, March 27, 2010

Using the internet to ure underage co-workers gets Calgary man 5 year prison sentence


CALGARY - A city man who used fake identities on the Internet to get three underage female co-workers to send him sexually-
explicit pictures of themselves has been sent to prison for five years.
Provincial court Judge Catherine Skene agreed on Monday to the sentence for Robert Ogle, 25, after listening to a joint submission by Crown prosecutor Nadine Nesbitt and defence lawyer Lisa Burgis.
"Here, Mr. Ogle used the Internet to groom young girls," Nesbitt told the judge. "He used different online personnas to
convince the girls that it was good for them.
"With the Internet, kids chat online and it's too easy for adults to manipulated and groom these girls. In this case there was a
fair amount of manipulation."
Ogle had previously pleaded guilty to five charges, two of them for luring the three girls under 16 who worked with him at Sobeys grocery store, for sexual gratification and making child pornography.
The incidents occurred between 2004 and 2009, court heard.
One of the girls cried as she read her victim impact statement, saying she was scared to walk down the streets and was angry for a long time after the incidents with Ogle.
Her mother told court she was in shock when she found out about her daughter's "loss of innocence" at the hands of a perpetrator.
Aside from the two luring offences, Ogle also pleaded guilty to sexual interference, making and possessing child pornography.
Police found more than 72 naked images of one of the girls and 57 of another on his digital camera and computer.
Police found more than 1,100 child pornography images from the Internet had also been viewed on his computer.
Ogle, who was not diagnosed as a pedophile, apologized to the victims and said "I regret what I did and wish I could go back."
He said he plans to be rehabilitated and put it all behind him.

Ogle must be registered as a sex offender for 20 years, not attend any swimming pool, school ground, community centre or other place where children under 16 would likely be present, and must provide a DNA sample.


I think that this sentence is appropriate. Sex offenders are the most dangerous type of offenders and not very many of them are able to benefit from rehabilitation programs. This man is remorseful but he is a risk to other girls which is why I agree with the 5 years.

Thursday, March 11, 2010

Victim says all trust lost

COURTS: A 39-year-old man who molested his biological daughter for years beginning at age seven, and another relative, will be sentenced April 8

She asked the question that haunts her every day.
"Who does daddy's little girl trust when she can't trust daddy?" the 18-year-old woman wrote in a victim impact statement read in the Superior Court of Justice on Wednesday.
Her 39-year old father, bald and wearing glasses, who had sexual intercourse with her for years, sat blankly in the prisoner's box while lawyers argued about how long he's to spend in prison.
A jury convicted him in January of 14 charges that included incest, sexual assault and sexual interference of his biological daughter, voyeurism for watching females use bathrooms in his former residences in St. Thomas, London and Port Stanley, and making child pornography.
The two-week trial was wrenching -- among the evidence the jury saw and heard, were bathroom videotapes and some of the child porn in the man's collection. Some jurors asked for counselling at the end of the case because the images they saw were so disturbing.
At Wednesday's hearing, Justice Dougald McDermid asked if the man, who repaired small engines for a living, had anything to say.
"I would like to take this time and apologize to the court, the people I have hurt, my family and friends for the mistakes I have made," he said, his voice breaking with a small sob.
"The mistakes I made ruined the trust and beliefs these people had in me."
There'd been some distinct changes in his attitude since his not-guilty pleas in January. In a pre-sentence report to the court Wednesday, the man told a probation officer he was "a sex addict" and wanted to apologize for what he'd done.
He told the probation officer he wanted to re-establish a relationship with his daughter to apologize to her. He also requested sex offender rehabilitation.
It was clear damage had been done to his victims.
Two victim impact statements, one from his daughter and one from a female relative who'd been his roommate, were read by assistant Crown attorney Elizabeth Maguire.
The young woman, whose identity is protected by court order, wrote about sleepless nights, no self-esteem, anxiety attacks and "nightmares about my father chasing me."
"I'm afraid of bathrooms. Holes in walls upset me," she wrote.
She's afraid to leave her home and fears wearing clothes that show any skin and "men in general."
"I feel so apart or alone from everyone -- crying all the time, nausea, headaches. I also don't really sleep, can barely eat."
"He made it so trust is very difficult."
Since she came forward to police at 16, the daughter, who was sexually assaulted by her father starting at age 7, has been abandoned by her father's family. Maguire said the girl was sent a message on Facebook from one relative that told her she should have been aborted.
The female relative said what happened to her and other females, including her own daughter, who used the bathrooms, "makes my skin crawl and makes me sick to my stomach with disgust."
She's angry a family member took advantage of her. "This has been a shocking, rude awakening that has stripped us of any trust. Never will we trust again."
Defence lawyer Robert Upsdell suggested five to six years in prison, minus time already spent in custody.
The 18 months would be counted as a two-for-one credit, or 36 months, shaving the sentence down to two to three years.
He pointed out the man has been in protective custody at the Elgin-Middlesex Detention Centre, much of it spent in his cell.
Any sentence imposed would be "crushing." he said.
Maguire asked for 10 years on top of the man's pre-sentence custody.
She said the sexual assaults on the daughter alone were enough for a long prison sentence. Add in the voyeurism and the child porn collection that included hundreds of images and videos the police reviewed of the thousands stored on the man's computer, Maguire said, and the sentence should be in double-digit range.
The man said in his statement he wanted counselling McDermid reserved his sentencing decision until April 8.

Wednesday, March 3, 2010

19 year old Ontario man impregnated 13 year old cousin


- A 19-year-old man in Sault Ste Marie, Ont. was sentenced to nine months in prison after he impregnated his 13-year-old cousin.
- Court heard Monday that the girl wanted to have intercourse with the older boy and considered him her boyfriend.
- The 19-year-old pleaded guilty to three offences stemming from the relationship.
- He was found guilty of sexual assault, and still faces charges of sexual interference and invitation to sexual touching.
- A publication ban prohibits reporting any information that may identify the victim.
- He admitted to police that he had intercourse with the girl about 47 times between October and November, prosecutor Nancy Komsa said.
- Defence counsel Eric McCooeyed described his client, who was 18 turning 19 at the time and suffers from mental health issues, as “immature for his chronological age."
- He said there was no coercion, alcohol or drugs involved.
- “He knows his conduct was wrong and he can’t resume a relationship of any kind with her,” McCooeyed said.’
- The Crown was seeking a nine-to-12 month jail term, while the defence called for a six-month sentence.
- Ontario Court Justice Andrew Buttazzoni said that were it not for the mitigating factors, he would have handed down a one-year sentence for the first-time offender.
- “It appears there was a genuine relationship, but the message has to go out, in sentencing in cases of this kind, that sexual intercourse with a 13-year-old by an adult will be dealt with seriously by the court,” said Ontario Court Justice Andrew Buttazzoni. 

I feel that the sentence should have been 6 months, as Defence suggested. This man needs to seek help for his mental health issues and prison will probably damage him even more, yet he still needs to be punished.  

Edmonton man who made child pornography of daughters, friends and relatives, sentenced to 11 years prison


- An Edmonton judge has reluctantly agreed to an 11-year prison term for a city man who videotaped his sexual abuse of six children, including his own two daughters.
- Provincial court Judge Terry Matchett had adjourned the 37-year-old man’s sentencing last week after saying he was concerned the proposed 11-year joint submission by Crown and defence was too low for the horrific crimes.
- However, he agreed to the sentence on Tuesday, saying he “cannot conclude it is either unfit or unreasonable.”
- Matchett had earlier said he felt the proposed sentence was inadequate due to the the fact there were multiple victims and a “staggering” amount of child porn involved.
- But Tuesday, the judge accepted the submissions that the guilty pleas both showed remorse and spared the victims from “reliving the nightmares” by having to testify.
- Matchett also accepted that there were “evidentiary” problems with the case.
- The man, who cannot be named under a court-ordered publication ban protecting the identity of his daughters, was given 40 months credit for pre-trial custody time, leaving him with seven years and eight months to serve.
- He was also placed on the national sex offender registry for 20 years and banned from going to places where children are likely to be, for 20 years as well.
- The man earlier pleaded guilty to multiple charges, including sexual assault, sexual interference, incest and the possession and making of child pornography.
- According to agreed facts, the man was busted in June 2008 after a tip led police to raid a north-side home where he was living with his girlfriend and their daughter.
- Police seized several computers and eventually found 14,000 child porn images, some made by the accused, and 98 child porn movies, of which he had made 26 of them with his six child victims, including his two daughters.
- Matchett said the “enormous” child porn collection was filled with “disturbing” images taken by deviant predators that would shock ordinary people “to their core.”
- Court heard the remaining victims are a sister of his girlfriend, a cousin of one of his daughters and two friends of the other daughter and all but one of them were asleep when the child porn videos were made.
- One daughter, now 14, told police her father had been sexually abusing her for five to six years. She also said her dad would encourage her to invite friends for sleepovers, but she wouldn’t so nothing would happen to them.
- The man’s other daughter was about three years old when she was sexually abused on video, while the other victims ranged in age from seven to 15 years old.
- According to the agreed facts, one of the victims, who was a friend of the accused’s older daughter, had complained to police about being sexually assaulted by the man in 2004, however some inconsistencies and other concerns resulted in police not proceeding then with charges.
- That same victim also told police she had felt weird when she had woken up the morning after the assault and had difficulty moving her legs, which she described as numb.
- Another victim, who was also assaulted during a sleepover at the accused’s home, told police they were not allowed to have pop, but said the accused would only let them have a glass of milk which he provided to them.
- Matchett said it was aggravating that the sex offender had abused his position of trust with some of the victims, especially his own daughters, and harshly criticized him for abusing them for his sexual gratification, rather than protecting them and giving them a good, loving home.
- The judge also cited some of the victim impact statements filed in the case and noted that one girl had written: “He has stolen my life from me forever.”
- Just before being sentenced, the man apologized.
- “Obviously I have a problem and I’ll deal with it when I get to the penitentiary,” he said.
- Court heard the accused’s girlfriend is also facing related charges and has a trial set for June.

I always say that prison is not effective and does not deter, but in this case, I feel that prison is an appropriate sanction. This man abused his trust as a father and committing some horrible acts against his daughters, sexually abusing them for years. This man needs to be in prison under the principle of incapacitation (so he will not commit more crime) and denunciation (society's disapproval of the crime). He is eligible for full parole in just over 3 and a half years. In prison, he should participate in sex offender programs.