WESTLOCK – A Westlock-area teenager previously found guilty on charges of sex assault and sexual interference, faces 24 months of probation, 100 hours of community service and will have to submit a sample of his DNA to authorities.
In Westlock Court of Justice April 5, Justice Gordon Putnam agreed to that joint-sentence submission from Crown prosecutor Brett Grierson and defence lawyer David Keyes for the 18-year-old man, who was 16 at the time of offence, and was previously found guilty of sexual assault and sexual interference following a Sept. 15, 2022 trial — the verdict was delivered Nov. 14, 2022. As per the Youth Criminal Justice Act, a publication bans bars any reporting that could identify him, or the victim, who was 13 at the time of the sexual assault. No details of the crime were read into the record during the sentencing hearing.
The young man will receive assessment, treatment and counselling as part of a long list of probation conditions, submit a sample of his DNA to the RCMP and has been barred from contacting the victim or from attending her home, school or place of work.
Justice Putnam told the victim that the assault “doesn’t define who you are” and that she’s a “bright young person, with a bright future.” He also addressed the boy and told him that the next two years will “not be easy” and that he’s going to have to be “accountable” for his actions and “as difficult as that will be, this is part of the process you’ll have to undertake and this is Step 1.”
Justice Putnam also acknowledged the young man’s litany of mental-health issues and that he’s going to need “help and support and I do appreciate that your family does support you.”
“The court does have empathy for you. I hope this does give you some closure. With the support of your family and others, you will get through this,” said Justice Putnam to the victim.
Grierson said the young man has “mental problems” and noted that as a youth matter the Crown’s sentencing principles are different and that “rehabilitation is the paramount” and there’s no “application of the principle of general deterrence.” Grierson noted the probation order is consecutive to other probation orders the 18 year old is currently serving — in court Jan. 4, the same teen received an identical sentence after he had pleaded guilty to sexual interference and sexual assault of a then-12-year-old girl when he was 17.
“This is a young person who’s been convicted of two very serious offences, sexual assault and sexual interference, and that cannot be minimized. There is no prior criminal record, at least none that would go towards making it an aggravating factor in sentencing,” said Grierson. “There is a conviction for these same sorts of offences and the only reason I bring that up is not to go towards what the sentence might be, but to justify some of the probation conditions.”
Keyes told court that the teen’s family is supporting him and “realize that he has some issues to address in his conduct” and that he “works with the hand that’s been dealt to him.”
“He comes to the court with a brain injury that he obtained in early infancy which has reduced him to a much lower cognitive function than an average person and he has a low ability to control impulses and make measured decisions,” said Keyes. “He’s remorseful for the harm he has caused and what’s happened in this situation.”
Victim impact statements
Grierson read victim-impact statements from the girl and her mother into the record, with Justice Putnam calling them “impactful for the court and the accused to hear.”
The girl’s, written April 4, said the assault has put wedges between her and her family and made her feel “worthless and unloved.”
“My whole life has been affected by this incident and I have lost many friends. He made me feel so insecure that I barely ate and rarely slept well. To this day I still can’t do things like go out alone without being paranoid,” reads her statement in part. “This incident has made me exhausted and overwhelmed. I hope this will finally be the end and I’m ready to get back to my life.”
The girl’s mother wrote that her daughter’s self esteem has suffered and she “has a lot more anxiety attacks at home and school because of the trauma that was inflicted.”
“She has a fear of being in a relationship because she does not understand what a healthy relationship feels like because the only relationship she had was an unhealthy and abusive one at such a young age,” reads the woman’s statement in part. “We have become more protective and worried, not only for her, but for all of our children.”
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