An 83-year-old man in poor health was sentenced to one year in jail for sexually assaulting an unrelated girl in 2017.
Keith General of Six Nations of the Grand River pleaded guilty in Ontario Court to rubbing his penis against the girl’s vagina.
“This was a major sexual assault of a young child,” said Justice Colette Good.
“I’m satisfied that the lowest end of the sentencing range by law is 12 months and I’m being asked to impose it. Even through it might not be the award I would impose personally, a sentencing judge must follow joint submissions.”
Assistant Crown attorney Derek Zuraw said the jail sentence is “on the extreme low end of the range” for General’s crime but noted that the victim was not interested in proceeding with the case.
“She didn’t want to testify and just wanted to move on with her life. She just wanted to be protected from him.”
A second man was also charged with sexually assaulting the girl. Rather than proceed to trial, in May, a Superior Court justice oversaw the withdrawal of charges and placed the man on a two-year peace bond.
Zuraw said General’s guilty plea took on “heightened importance” in the face of the reluctant victim and an original police statement that was “one of the least detailed statements they had seen and had some inconsistencies.”
General’s lawyer said that, since the incident, his client has had a stroke, a heart attack and hip surgery. General plans to move to a retirement home once out of jail, the lawyer said.
General told the judge he is sorry.
“It won’t happen again. I’ll be walking the straight and narrow.”
Good noted that General has no criminal record, worked all his life and had to relearn to walk and talk after his stroke.
“The court is being asked to send you to a real jail and has not received any information showing the jail could not accommodate your medical needs or keep you safe while you are incarcerated.”
The judge said that, despite General’s failing health and age, allowing him to serve a sentence of house arrest would be inappropriate.
General also must provide a sample of his DNA and go on the sexual offenders registry.
Once out of jail, he will be restricted from attending places where young children go to school or play and must stay at least 100 meters away from where his victim lives.
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