Kailum Staples was sentenced for a serious sex offence against an underage girl in Bowen Park. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

sex offender

Nanaimo man jailed for ‘violent’ sex crime against young teen in Bowen Park

Jun 13, 2022 | 3:01 PM

Editor’s note: This story contains details of sex abuse involving a minor and may not be appropriate for some readers. Discretion is advised.

NANAIMO — A young man responsible for what a judge described as a “violent sexual offence” was sentenced to 18 months in jail followed by two years probation.

Judge Karen Whonnock issued her judgment against Kailum Matthew Staples, 20, on Monday, June 13 in provincial court in Nanaimo during an hour-long ruling.

“I placed a lot of weight on the violent sexual offence and the corresponding physical injuries, which was exceptionally disturbing,” judge Whonnock said.

Staples elected to plead guilty to sexual interference of a person under 16 after the Crown presented its case at trial late last year. He burst into tears when the sentence was read.

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A sentencing hearing last month heard Staples was 18-years-old when he met up with the then 13-year-old victim in April 2020 following social media conversations, in which the victim clearly stated her age.

An agreed statement of facts heard Staples knew the victim’s age and that she knew he wanted to have sex based on how he was touching her.

During intercourse in the park the victim said she was in pain and asked Staples to stop. Staples’ sentencing hearing stated he immediately stopped when told to do so, however judge Whonnock noted the victim reported differently.

Judge Whonnock said the victim was extremely vulnerable.

“The serious and prolonged physical harm is aggravating. I also note that Mr. Staples was callous to (the victim) afterwards and laughed when she told him she was bleeding,” judge Whonnock said.

The victim left the park with significant vaginal bleeding which resulted in visiting Nanaimo hospital a month later when the bleeding continued.

Judge Whonnock noted the victim thought Staples was 15 or 16-years-old at the time of the offence and was shocked to learn his true age.

A friend of the victim recalled Staples declaring to her he was 16 in April 2020.

During the May 24 sentencing hearing, the Crown’s Leanne Mascolo said while it was only a single incident, Staples’ actions were highly aggravating.

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

Court was told the victim was once happy, but is now highly emotionally distressed, is constantly angry, anxious, depressed and has practiced self-harm.

She didn’t want to submit a victim impact statement due to the further anguish it would cause.

The reports produced for the court, including a Gladue Report on Staples, crystallized a dark childhood of severe neglect endured.

He was abused physically as a child and reported he was addicted to marijuana by 12-years-old and began abusing alcohol at the age of 17.

Court was told he was not under the influence of alcohol and drugs during the offence.

Staples has numerous cognitive and mental health challenges, including Post Traumatic Stress Disorder and Attention Deficit/Hyper Activity Disorder.

The pre-sentence report showed Staples took limited responsibility for his actions and continued expressing blame toward the victim.

“Mr. Staples apologized to the court, however the mitigating nature of this apology is lessened by the offender’s attitude and victim-blaming,” judge Whonnock said.

Staples, who has partially completed the ninth grade, acknowledged he is emotionally immature. A psychological assessment placed Staples at a mid-range risk to re-offend with sexual violence.

The Crown requested 12 to 18 months in jail followed by two years probation.

The defence lawyer Miles Motture argued for a one-year non-custodial sentence, stating incarceration would hinder his client’s rehabilitation.

Conditions specifically designed for sex offenders apply to Staples for a decade once he’s released from jail including not being allowed to have any contact with people under 16-years-old unless exceptional circumstances arise.

Staples won’t be able to hold any employment or volunteer positions involving people under 16 for a decade once he’s released, while he’ll also have to abide by internet usage restrictions.

He was also ordered to provide a DNA sample and weapons restrictions were also applied for a decade post-release.

Staples will appear on the National Sex Offender Registry for 10 years upon his release.

Since the Crown proceeded summarily the maximum sentence Staples could have received was two years behind bars.

A charge of invitation of sexual touching of a person under 16 was dropped by the Crown.

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ian@nanaimonewsnow.com

On Twitter: @reporterholmes