A BC Supreme Court judge found a man guilty Friday, June 6 of three of the four sex crime charges he faced during a trial in Prince George.
The trial, which began May 26, was held under a publication ban to protect the identities of the accused, alleged victims and witnesses, all of whom are primarily from a community south of Prince George.
In an oral verdict, Justice Justice Palbinder Kaur Shergill said the man was guilty of sexual assault against one victim, but not guilty of sexual interference of a person under age 16. He was found guilty of both charges against the other victim.
The next court date is Aug. 25, to schedule a sentencing hearing. The penalty for sexual assault of a person under age 16 and for sexual interference is between one and 14 years in jail. Shergill ordered a pre-sentencing report and forensic psychiatric assessment of sexual violence towards children.
Shergill said that she was convinced, beyond reasonable doubt, that the accused touched the vaginal area of one of the victims with his fingers and tongue while she was using a toilet between 2018 and 2020. She also found that he touched her breast and buttocks with his hands, while she was taking a shower, on at least three occasions between 2019 and 2021.
“These actions were a violation of (her) sexual integrity and constitute sexual assault,” Shergill said.
Evidence also established that all of the events described by the victim occurred when she was 15 years old or younger.
“I'm satisfied beyond a reasonable doubt that when (he) touched (the victim) on her breast, buttocks and vagina, he did so intentionally and without her consent and for sexual purpose,” Shergill said. “The body parts that (he) had made contact with makes it irrefutable that the touching was of a sexual nature and for a sexual purpose.”
Shergill also found that, sometime in the summer of 2020, the man touched the other victim’s vagina on top of her clothes while they were playing Mantracker — a game like hide-and-seek — on five-to-six occasions.
Shergill delivered the verdict two days after hearing closing arguments in the trial.
The man, who testified in his own defence, denied all the allegations against him and said he was still recovering from a traumatic brain injury he suffered as a teenager while working outdoors. He admitted that he had difficulty remembering specific events during the 2019 to 2022 period.
"(He) was cross-examined extensively on his memory issues. Under cross-examination, he stated that that following his accident, he had difficulty forming short-term memories,” Shergill said. “He said that he uses various techniques to assist with his memory, such as writing things down and repetition.”
However, whatever positive aspects of the accused’s credibility were “overshadowed by my significant concerns about his memory and some key contradictory and self-serving statements, which lead me to conclude that (he) is not being forthright with the court about his recollection of events.”
Shergill found no evidence of collusion between the victims, but instead that they were understandably reluctant to immediately report the incidents. The first victim’s fear of the accused hitting her, as he had done previously in front of friends, was reasonable and it was only when she heard the other victim had experienced the same abuse that she came forward.
“She viewed (the other) as being vulnerable and wanted to protect her,” the judge said.
