Nanaimo man awaits sentence for damaging sex offence against 13-year-old girl

Crown prosecutor Leanne Mascolo told a Tuesday, May 24 sentencing hearing Staples, who was 18 at the time, had social media conversations with the then 13-year-old victim in the weeks leading to the offence in Bowen Park in April 2020.

The victim told Staples her age beforehand, according to an agreed statement of facts read into the record by Mascolo.

The victim testified she knew Staples wanted to have sex in the park because of how he was touching her, leading to intercourse.

She was in pain and told him to stop, which he did.

The victim left the scene with significant vaginal bleeding, which continued a month later, triggering her to go to Nanaimo hospital.

Mascolo said while it was only one incident, Staples’ actions were highly aggravating.

“It was intercourse with a significant injury and a sexually transmitted infection,” Mascolo said.

Court was told the victim was once happy, and is now highly emotionally distressed, constantly angry, anxious, depressed and has self-harmed, due to what happened at the park and the repercussions of the event.

She did not file a victim impact statement for the sentencing proceedings due to emotional trauma.

A trio of reports, including a Gladue report, produced for the court outlined a bleak childhood of neglect for Staples, who endured physical and substance abuse, while no therapeutic interventions were made.

Staples has numerous cognitive and mental health issues.

He spent portions of his childhood in foster care and formed suicidal thoughts by the age of 13.

The offender declared he formed addictions to marijuana and alcohol by 12 and 17-years-old respectively.

His diagnoses include Post Traumatic Stress Disorder and Attention Deficit/Hyper Activity Disorder.

The pre-sentence report showed Staples struggles with decision-making and has had suicidal thoughts about the possibility of going to jail.

“The author of the report concludes that he takes limited responsibility for the offence and continues to express blame towards the complainant,” Mascolo said.

A psychological assessment pegged Staples is at a mid-range risk to re-offend with sexual violence.

Defence attorney Miles Motture argued for a one-year non-custodial sentence, along with two years of probation, stating jail would hinder his client’s rehabilitation.

“A person of his cognitive and immaturity issues will find (jail) quite traumatic and not healthy in his recovery.”

Motture emphasized severe cognitive deficits plaguing his clients for years were never addressed.

“The system has let him down many times, his family has let him down, the wider community has let him down, the medical system has let him down, school system has let him down, and here we all are,” Motture said.

After indicating he did not want to address the court, Staples stood up: “I’m sorry,” he said to Judge Karen Whonnock.

The Crown suggested Staples appear on the National Sex Offender Registry for 10 years, while also requesting a decade of numerous orders restricting his access to minors.

Judge Whonnock will issue her judgment at a future undetermined date.

Staples is currently not in custody.

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ian@nanaimonewsnow.com

On Twitter: @reporterholmes

by Ian Holmes

Nanaimo man awaits sentence for damaging sex offence against 13-year-old girl

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