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Curtis Nielsen leaving court following sentencing arguments on Friday, Dec. 6. (Ian Holmes/NanaimoNewsNOW)
prison time

Sentence issued against Nanaimo man for violent sexual assault of 17-year-old girl

Jan 30, 2025 | 4:35 PM

Editor’s note – this article contains details of a disturbing sexual assault and may not be suitable for some readers. Discretion is strongly advised

NANAIMO — A federal jail sentence of three years was handed to a man for a violent sexual attack against a teen who was nearing high school graduation.

B.C. Supreme Court Justice Jan Brongers issued his judgment on Thursday, Jan. 30 in Nanaimo against Curtis Aaron Nielsen, 34, for a “highly intrusive” June 21, 2021 incident outside a local apartment complex.

Justice Brongers recounted the disturbing facts after he found Nielsen guilty on a singular sexual assault charge last July following a judge-alone trial.

The victim went outside the apartment complex briefly during her babysitting job where she met Nielsen, who was unknown to her.

They struck up a conversation, with Nielsen asking to kiss the girl, which she agreed to.

The pair then walked to a shed in the parking lot near the building’s dumpsters where Nielsen kissed her more aggressively.

“He began to choke her, pull her hair and push her down on her knees,” justice Brongers recounted during his nearly 35-minute decision.

Forced oral and anal penetration followed, with the victim repeatedly telling Nielsen to stop.

The victim began to cry, then went limp and felt helpless.

Nielsen told her to shut up and “take it like a good girl.”

The anal assault continued until Nielsen ejaculated.

He was not wearing a condom.

Nielsen then kissed her and asked when he would see her again.

Justice Brongers noted the girl was non-committal and she returned to the apartment alone.

She showered and noticed her skin stinging, neck and jawline sore and bleeding from her anus. She contacted a friend and her employer and was encouraged to go to the hospital where she received medical attention for her injuries.

The victim, now 21 years old, testified at trial and submitted a victim impact statement, reporting sustained mental and physical health problems.

She was diagnosed with Post Traumatic Stress Disorder and has frequent anxiety attacks in public.

“These mental health challenges make it difficult for her to make and maintain emotional and physical connections with her partner, family and friends,” justice Brongers said.

The victim has sexual intimacy challenges, while she has not fully healed from her injuries suffered during the attack.

She sustained significant financial hardship with more than $8,500 in reported lost income and therapy bills, however, a restitution order was not levied against Nielsen.

The offender did not demonstrate remorse for the offence in addition to his not guilty plea

He contended the encounter was consensual and non-aggressive, contrary to numerous witness testimony, including the victim.

Her documented wounds from the assault involved marks on her body and injuries to her face and neck.

A forensic evaluation of Nielsen was unable to determine his re-offence risk as he provided limited information of value.

Justice Brongers noted Nielsen has Attention Deficit Hyperactivity Disorder and Oppositional Defiant Disorder.

Nielsen reported he was sexually assaulted by a babysitter when he was five years old.

The offender has received antipsychotic medication and therapy, and his substance abuse issues involved cocaine, crystal meth and marijuana.

Outlining the aggravating circumstances of Nielsen’s actions, justice Brongers referenced the young age of the victim, the level of physical and sexual violence applied, and the fact Nielsen tried to silence her screams.

Citing B.C. Court of Appeal principles for sentences involving serious sexual assaults, justice Brongers said the general sentencing range is between two and six years behind bars.

In only the rarest of circumstances are community-based sentences appropriate for sexual assaults involving violence or a minor, justice Brongers said.

“This is not one of those exceptional cases. In particular, it is a case where a sentence of imprisonment of less than two years would not be appropriate to the gravity of Mr. Nielsen’s offence and his degree of responsibility.”

The judge ruled Nielsen’s moral blameworthiness was not diminished, nor were there any compelling mitigating factors for his offending.

During sentencing arguments, the Crown pushed for three to three-and-a-half years in prison, while Nielsen’s lawyer Cheyne Hodson lobbied for a two-year non-custodial sentence, followed by the maximum of three years probation.

The offender’s name will be on the police-only accessible National Sex Offender Registry for 20 years upon release.

He was ordered to provide a sample of his DNA and faces a 10-year prohibition from possessing any firearm or weapon, along with a lifetime prohibited/restricted firearm and weapons ban.

Nielsen was ordered to have no contact with the victim during his custodial sentence.

The offender declined to address the court during sentencing arguments last month.

Nielsen, who was not in custody, was distraught and visibly shaking at times in the prisoner’s box as his judgment was brought down.

He’ll serve his sentence at a prison to be determined by Correctional Service Canada.

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