A BC Supreme Court judge in Prince George reserved decision Feb. 10 for the sentencing of a 26-year-old man charged with sexual assault and sexual touching of a person under 16.
Crown prosecutor Andrea Norlund asked Justice Marguerite Church for a three-year sentence for Linden Rae Dennis.
Dennis was found guilty last September of having intercourse with a 15-year-old girl. At the time of the offence, Dennis was 22 years old. Court heard that he admitted to the incident, but did not know the girl’s age nor did he take all reasonable steps to find out her age.
Defence lawyer Andrea Turton said Dennis has been in custody since last July 9 on another matter — a total 203 calendar days or 304 days under the enhanced credit rule.
“Mr. Dennis is either in a time served position or that an additional six months would not be an unfit sentence,” Turton told Church.
Norlund read part of the victim’s impact statement, which said Dennis caused the victim to become detached from family, friends, school and work. It also said she had been hospitalized, needed medication and underwent counselling.
“My emotions are very messed up. I didn't feel like myself, and I'm not really myself after a number of years,” said the statement.
To Dennis, she wrote: “You didn't ask if you could leave your mark on me, but before I could stop you, you did.”
Court heard that Dennis, a first-time offender, is a member of the Tsay Keh Dene Nation who completed Grade 11. His grandparents cared for him because his parents were alcoholics. He was sexually abused at age six by a teenage cousin.
A pre-sentence report found alcohol use disorder, but no mental illness or personality disorder. The report also said Dennis minimized responsibility for the offence and the impact on the victim, but would be a low-risk to reoffend if he remained sober and in counselling.
Asked to address the court, Dennis simply said: “I’m absolutely, truly sorry.”
Church said she would render a decision on Feb. 12.
