Editor’s note: The following story deals with sexual abuse and may be upsetting to some readers.
A 39-year-old Stratford man found guilty of sexually assaulting his underage daughter has been sentenced to six years in a federal prison.
Following up the man’s verdict in MaySuperior Court Justice Spencer Nicholson made the sentencing decision Thursday afternoon after hearing submissions from Crown attorney Elizabeth Wilson and defense lawyer Cassandra Demelo.
The names of both the complainant and defendant are being withheld due to a publication ban that protects the identity of sexual assault victims.
The complainant – now 20 years old – came forward to Stratford police in November 2019, one day after she found a small camera in her father’s bathroom pointing towards the shower. During an interview with investigators, she further reported several incidents of sexual abuse she said occurred between 2011 and 2014 when she was between 13 and 15 years old.
Many of the incidents were described in detail during a three-day trial in February.
The defendant was found guilty of inviting sexual touching and sexual interference after pleading guilty to a voyeurism charge related to the hidden camera at the onset of the trial. Nicholson’s ruling included a concurrent five-and-a-half-year award for the former charges and an additional six consecutive months for the latter charge.
The sentence was nearly identical to the one Wilson requested Thursday morning when she argued the defendant’s actions breached the trust of his daughter “in the most horrific of ways,” leading to “life-altering” impacts.
That breach of trust was among the aggravating factors Nicholson considered during sentencing.
“I can think of few relationships as sacred from a trust perspective as father and daughter,” he said.
The complainant declined to provide the court a victim-impact statement, but Nicholson noted in his sentencing decision he did “not need to hear from her further” following her lengthy testimony during trial. That testimony “must have been traumatic,” Nicholson said.
Demelo was seeking a three-and-a-half year sentence, focusing her submission on mitigating factors outlined in the defendant’s pre-sentence report. The court heard the defendant endured a turbulent childhood without his absent father. Behavioral and mental-health issues ultimately led to self medication and, later, substance abuse.
Demelo said her client has since maintained stable employment and benefits from the support of his mother, as well as two sons from a separate relationship. They have visited him regularly while he’s been in custody, Demelo said, and submitted to the court letters of support.
Nicholson acknowledged many of those factors in his sentencing decision, including the defendant’s “modest” criminal record, which does not include other sex offences. Nicholson said he’s “hopeful” the defendant will follow through with rehabilitation programs.
The case’s aggravating factors weighed more heavily in Nicholson’s sentencing decision.
He noted the length of time in which the abuse took place, as well as where the abuse happened — in a home where the complainant should have felt safe. The nature of the abuse was “extremely intrusive,” Nicholson said, and although the court heard that the abuse did not include penetration, the act of ejaculation put the complainant at increased risk of harm.
Wilson referenced heavily in her submission an important 2019 Supreme Court of Canada decision on sentencing for sexual offenses against children. Since that case – R.vs. Friesen – sentences for those types of offenses have been increasing.
Nicholson said he used the decision “as a starting point” and considered several other cases with circumstances, including one involving a biological father and daughter.
The defendant’s 310 days in pre-trial custody was bumped to 465 days, credit for time served under harsher conditions due to COVID-19.
Both the Crown and the defense agreed with the award’s ancillary conditions, which include 20 years on a sexual offender registry; orders not to communicate with the complainant or be present within two kilometers of her home, work or school; a weapons bans; and a prohibition from working or volunteering with people younger than 16.
“I hope (the complainant) may find some healing for the wounds she has had inflicted upon her,” Nicholson said.
Resources for sexual assault victims in Perth County:
Emily Murphy Center
emilymurphycentre.com
519.273.7350
Optimism Place
optimismplace.com
519-271-5310
Crisis line: A 519-271-5550
Family Services Perth Huron
familyservicesperth-huron.ca
519-273-1020
Crisis line: 1-888-829-7484