Craig Sims had no comment and resisted having his picture taken following the Wednesday, Jan. 31 judgment. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

judgment

Nanaimo man convicted of child luring; sexual assault/touching allegations tossed out

Jan 31, 2024 | 4:42 PM

NANAIMO — Historic Facebook messages clearly demonstrated inappropriate conduct by a Nanaimo man, however, a judge ruled hands-on offending wasn’t proven beyond a reasonable doubt.

Craig Allen Sims, 41, was found not guilty of three sex-related offences, but was convicted of child luring in relation to events which occurred between the end of 2007 and late 2009 when the complainant was between 12 and 13 years old.

Justice Catherine Wedge’s Wednesday, Jan. 31 judgment followed a trial last November.

Inappropriate messages
The complainant testified that she was laid off from her job during the pandemic and had time to reflect on the past, saying she was concerned about other girls who may have come in contact with Sims.

She decided to go to the police, armed with transcripts of private Facebook conversations, initiated by Sims, when she was as young as 12 years old.

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A Feb. 8, 2008, message opened with an odd tone from a man toward his daughter’s pre-teen friend.

“…and why you so cuddly with me sometimes, you like me or something?” he wrote.

The complainant wasn’t sure what Sims was talking about, “No, I’m good,” she responded.

Concerning messages from Sims continued for several more months in 2008.

“I know you like cuddling with me and stuff like that, but I’m sure you have other things you’d like to do with me that I don’t know about.”

Sims messaged that the girl knew where to find him if she needed “private cuddles” and asked, “Do you think naughty thoughts about me?”

Sims also outlined a series of dreams he said he had.

“…we were here alone and you were all cuddled up with me on the couch and you were naked, not sure why. You were holding my hand…it was a weird dream.”

Sims originally pleaded not guilty to the child luring charge, but voluntarily admitted guilt at trial.

“Mr. Sims candidly acknowledged that reading those messages now it was obvious to him he was attempting to lay the groundwork for a relationship…albeit he stressed, not until she reached an age in which the relationship would have been appropriate,” justice Wedge stated.

In his statement to Nanaimo RCMP in May 2020, Sims said any parent would be angered by his messages. He adamantly told police that he never touched her sexually, but acknowledged he likely would not have been opposed to a relationship when she grew up.

Not guilty
During the trial last November, the complainant alleged she was violated by Sims during two separate touching incidents.

“On one specific occasion, she said Mr. Sims’ hand travelled upward toward her breasts and the tip of one finger brushed her nipple,” justice Wedge recounted.

The complainant was friends with Sims’ stepdaughter, who along with the defendant’s partner often played computer games together. The unnamed complainant would occasionally sit on Sims’ lap, who would assist during difficult sequences in the game.

The trial heard that the complainant told Sims’ partner at the time that he touched her in uncomfortable ways.

Sims flatly denied inappropriate touching at the time and during the trial.

The complainant’s friend testified that the only physical contact she saw was the occasional hug and nothing sexual between Sim and the complainant.

Sims allegedly put his hand on the waistband of her pajamas while she was sleeping during a camping trip, which caused her to wake up. She testified that twice more during the night he reached under her waistband.

“I cannot say with certainty I am convinced by Mr. Sims’ denial of the touching, but I am certain of reasonable doubt by it, I’m also left in doubt by the evidence as a whole,” justice Wedge said during her ruling.

The judge told court that the defendant testified in a straightforward, non-evasive manner and that he admitted many suggestions that didn’t favour him.

Justice Wedge stated there was at least one person beside the complainant at the time of the computer-playing allegation and there were many times when Sims and the complainant were alone together, resulting in no reports of inappropriate touching during those situations.

“It is not their credibility that is the issue here, it is the reliability of their evidence that is the issue,” justice Wedge said in reference to testimony from the four witnesses and the fact the incidents date back upwards of 15 years ago.

A forensic evaluation was ordered for Sims, which will include an assessment of his re-offending risk.

He’ll likely be sentenced this spring.

Sims is not in custody and had no comment following the judgment.

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ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes