WARNING: Contains information related to sex crimes.
A man has been sentenced to four years behind bars, minus time served, for sexually abusing and making child pornography with a 14-year-old girl in Nanaimo.
The man, who cannot be identified due to a court-ordered publication ban, previously pleaded guilty to charges, including sexual interference of a person under 16 and making and publishing child pornography. Judge Sheila Archer rendered her decision today, May 25, in provincial court in Nanaimo.
Basil McCormick represented Crown counsel and Stephen Taylor was defence counsel.
Crown sought sentences of three to four years for sexual interference and three to four years for the child porn charges to be served consecutively. Taylor sought between one and two years for sexual interference.
The incident occurred in summer 2019, and based on an agreed statement of facts, the man and the victim, whose identity is protected, were found at the bathroom of a house. The victim was naked and the man was only wearing pants, which were lowered. Both had consumed alcohol.
After being questioned by police, the court heard that the man reacted in horror when he saw images and videos of he and the victim nude and in sexual positions.
According to pre-sentence reports, the man, who has Indigenous heritage, suffered physical, emotional and sexual abuse as a child and his mother committed suicide. He has struggled with alcohol addiction and said he had no recollection of perpetrating the crimes.
The man has been incarcerated at an Island jail for 349 days, but will be credited with 524 days, with 916 days (2.5 years) remaining. He has been undergoing counselling while incarcerated to deal with his issues.
Following release from jail, the man will be on probation for 10 years and must not be anywhere people under 16 years old could be, nor be in contact with anyone under the age of 16, with the exception of his children. He will have to adhere to the Sex Offender Information Registration Act for life and must not be within 500 metres of the victim.
He will also be prohibited from using the Internet unless for employment purposes and with permission by officials.