Extended sexual abuse by Gabriola Island man against daughter results in no jail time

“She (the victim) indicated she essentially would not be cooperative if he was sent to jail,” Crown prosecutor Nick Barber told court, while conceding the sentence is “extremely lenient” given the egregious circumstances.

In light of the challenges facing the Crown, Barber and the defence agreed to have the offender plead guilty to the lesser offence and withdraw his earlier guilty plea to sexual assault, which legally must result in jail time when the victim is a minor.

“She does not want her father to end up in jail. She doesn’t want to have no contact with him, she feels that she is capable of managing what has happened in her life and is really just concerned (her father) gets help for himself and isn’t a risk to other children.”

Barber said the offender was highly intoxicated when he regularly molested his daughter over and under her clothing.

The offender also manipulated his daughter to touch his genitals.

The victim disclosed to friends what she endured during a 2019 mental breakdown and was hospitalized with psychiatric care due to the abuse and other family related difficulties.

Defence lawyer Stephen Taylor said his client offended in a such a way where most families don’t recover.

Taylor said the offender is fully immersed in rehabilitation and never drinking again.

“He has willingly and fully participated in every bit of programming and every bit of counselling that he can. He’s worked with his family and he has slowly, incrementally earned their trust. He wishes to continue that process,” Taylor told the court.

The offender has been forthright with his family, employer and other members of the community about his behaviour, some of which severed contact with him, Taylor noted.

He said his client is committed to do whatever is required for his daughter to heal.

A psychiatric report categorized the offender as a low to moderate risk of re-offending with sexual violence and is considered a higher risk if alcohol is involved.

The report recommended the offender continue with various forms of group and individual counselling sessions designed for sex offenders.

The offender briefly addressed the court.

“My only concern is this: she get proper counselling, the healing that needs to be done is done on her part and eventually down the road as a family we do the healing in counselling that is required for us to continue as a family unit and be there for each other at that time.”

He elected to participate in the sentencing hearing via video feed from his lawyer’s office.

His non-custodial sentence features two years of house arrest, meaning he can only leave his property for employment or other compelling reasons.

The offender’s three years of probation includes no contact with the victim (which can be amended) and no contact with minors.

He’ll appear on the National Sex Offender Registry for 20 years and was ordered to provide a DNA sample to the RCMP.

A host of lifetime sex offender-specific restrictions also apply, including having no contact of any kind with people under the age of 16, unless considered appropriate by the court.

The offender must stay away from all parks, public facilities and playgrounds where anybody under 16 could be present for the rest of his life.

Employment and internet usage restrictions also permanently apply.

A charge of invitation to sexual touching of a person under 14 was dropped.

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On Twitter: @reporterholmes

by Ian Holmes

Extended sexual abuse by Gabriola Island man against daughter results in no jail time

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