Nanaimo man awaits punishment for violently sexually assaulting a minor

“She was on an overnight babysitting job and she simply stepped out to have a smoke when she was assaulted,” Simpson said during sentencing arguments.

Simpson said the victim, nearing high school graduation at the time, was deemed to be a credible and reliable witness at trial, with her account corroborated by several witnesses, including a nurse and doctor at the Nanaimo hospital.

“Mr. Nielsen pushed her head down, choked her, treated her roughly while assaulting her sexually. She tried to cry out, but his hand was over her mouth,” Simpson said.

No evidence was produced that the offender used a condom, Simpson noted.

The victim still isn’t fully physically healed, while she’s inflicted with ongoing mental health issues as a result, including anxiety attacks.

She was formally diagnosed with Post Traumatic Stress Disorder, and struggles with intimacy and forming emotional connections.

More than $8,500 in lost income due to missing work and therapy bills was reported by the victim, the Crown’s Simpson informed court.

She noted the age of consent in Canada is 16-years-old and that the victim in this case is considered a minor, with adulthood federally recognized at 18-years-old.

Simpson stated case law dictates punishments for sexual assault tend to be more severe the younger a victim is, stating that generally jail terms of at least two years are issued for cases similar to Nielsen’s.

Pre-sentence and psychological assessments failed to uncover insight into the offence, with Nielsen stating: “I had consensual, non-aggressive sex.”

The forensic evaluation could not offer a risk assessment for Nielsen due to his lack of engagement with the report author.

Ongoing psychiatric care and substance use treatment was recommended, however, Nielsen declined substance use intervention in the past, the forensic evaluator reported.

Defence attorney Cheyne Hodson requested a two-year non-custodial sentence featuring 24-hour-a-day house arrest, followed by three years of probation.

Hodson suggested Nielsen’s name appear on the National Sex Offender Registry for a decade as part of the sentence.

Stating there are signs Nielsen has significant mental health issues; he said indications his client has schizophrenia aren’t medically substantiated.

Nielsen began smoking marijuana at 14-years-old, which increased to heavy consumption, followed by cocaine and crystal meth use.

The offender’s drug of choice is cocaine, with Hodson noting Nielsen is not in active addiction.

Hodson said it appears Nielsen’s mother is “at the end of her rope” regarding how to deal with her son.

“We have someone who struggles with some level of mental health issues, which to his mother are so clear she suggested to the report writer that Mr. Nielsen should be put in a home,” Hodson said.

His client relies on disability support and agreed to make a $500 a month restitution payment to the victim to cover her losses of nearly $8,700.

Nielsen sat silently in the prisoner’s box throughout the proceedings, appearing visibly distraught at times.

He declined to make a statement in court, and also refused to speak with NanaimoNewsNOW.

The offender is currently not in custody.

Nielsen was charged with sexual assault in September 2023 and convicted by justice Jan Brongers in July.

His only other conviction is for possession of stolen property under $5,000 in Alberta in 2009.

Nielsen is scheduled to be sentenced next month.

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Ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes

by Ian Holmes

Nanaimo man awaits punishment for violently sexually assaulting a minor

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