A 50-year-old man was sentenced to two years in a provincial penitentiary for sexually abusing his niece in Nanaimo and the Comox Valley in the late 1980's. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

Sex offender

‘I thought many times of killing myself:’ victim tearful at sexual abuse sentencing in Nanaimo

Aug 27, 2019 | 9:43 AM

NANAIMO — A man is going to jail for deplorable historic sex crimes against his own young niece in Nanaimo and the Comox Valley.

A 50-year-old Courtenay man, who cannot be named to protect the victim’s identity, was sentenced to two years in a provincial jail on Tuesday, Aug. 27 by BC Supreme Court Justice Robin Baird in Nanaimo.

The victim was between the ages of nine and 11 when the crimes occurred nearly 30-years ago. The offender was 18 to 21-years-old when he was supposed to be caring for his niece in the late 1980’s.

Crown prosecutor Richard Ellsay read out a statement from the victim, who was too emotional to read it aloud herself.

“I missed all of the family Christmas events where (the offender) might be present and it damaged my relationship with family members. I don’t like to cry, especially in front of others, because he would pull a mirror in front of me and tell me how funny I looked crying.”

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The victim said her childhood was stolen and she contemplated suicide in the years following the abuse.

She suffers flashbacks and doesn’t sleep well due to nightmares and fears her uncle will retaliate against her.

Her shocking story of abuse at the hands of her uncle came to police attention when she provided a statement two-and-a-half years ago.

She was consoled by supporters as she sobbed several times throughout the two-hour sentencing hearing sitting only a few feet behind the offender. .

He was visibly distraught throughout the proceedings as he slumped forward in the prisoner’s box.

The offender pleaded not guilty to two counts of sexual assault prior to be convicted by Justice Baird in February.

Court was guided by several expert reports which included the offender’s lack of remorse and insight into his behaviour.

The offender has an alcohol problem, severe cognitive shortcomings and may be on the autism spectrum, according to a psychological report.

The assessment said he appeared to make up information on the fly, including allegations of being sexually abused by his sisters.

He’s considered to have a low risk to carry out violence in the future, while he’s a moderate risk to re-offend.

The uncle admitted to his probation officer and psychologist to sexually abusing the complainant and another family member when he was a youth.

Justice Baird said a non-custodial sentence wasn’t appropriate given the severity, longstanding nature of the crimes and the offender’s lack of remorse.

“You took advantage of your position as a trusted relative to be left alone with (victim). Instead of taking care of her like you were supposed to you repeatedly and seriously, criminally offended against her.”

Justice Baird said he took the offender’s Indigenous heritage into account during sentencing, citing in part he was the son of a residential school survivor.

Baird said the offender was impacted by the effects of colonialism and had an unstable childhood, according to a Gladue report filed with the courts.

The uncle briefly addressed court and said he didn’t have sexual intercourse with his young niece.

Defence lawyer Jeremy Mills sternly interrupted, causing the offender to decline to speak further.

Two years probation will follow the jail term, which includes provisions to stay away from the victim and people under the age of 16.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes