A 45-year-old man who sexually assaulted his teenage stepdaughter will stay in jail pending his appeal since releasing him would shake public confidence in the justice system, a judge has ruled.
The man, who cannot be named in order to protect his stepdaughter’s identity, was convicted of sexual assault, sexual interference and sexual exploitation while in a position of trust or authority last March. Justice Vikas Khaladkar found his testimony to be “contrived, insincere and glib,” and later sentenced him in July to six years in prison.
The man filed an appeal of his conviction before he was sentenced, and applied to the court last month to be released from custody until the appeal is heard in February.
He appealed on the basis that the trial judge had failed to consider inconsistencies in his stepdaughter’s testimony and drew inferences that weren’t logical or supported by evidence. He said the judge had made errors in assessing his credibility as well as that of his stepdaughter and her mother.
The Crown pointed out at the application hearing that the judge had given extensive reasons for disbelieving the man and finding him not credible while accepting the evidence of his stepdaughter and others.
“I am satisfied that, in these particular circumstances, (the man) has not established that his detention is not necessary in the public interest, given the role played by the public confidence component of the analysis (of the application)."
— Justice Gail Welsh.
Having heard the man’s application for release, Justice Gail Welsh concluded his appeal isn’t entirely invalid but on weak grounds. She acknowledged the man had complied with court orders while not in custody in the four months between his conviction and sentencing, and said she was satisfied he would turn himself in as required.
She determined, however, that the man‘s detention at this point is in the interest of the public.
She noted the serious nature of the man’s charges. She also noted he did not make an application for release for more than four months after he was taken to prison.
“I am satisfied that, in these particular circumstances, (the man) has not established that his detention is not necessary in the public interest, given the role played by the public confidence component of the analysis (of the application),” Welsh wrote, ordering the man to remain behind bars.
The man’s stepdaughter, who is now a young adult, testified during trial she had gotten out of the shower one day when she was 15 and noticed a video camera in one of her shoes in her bedroom. Playing the video, she saw her stepfather putting the camera in its position.
The young woman said she had told her stepfather about a sexual encounter she had with his brother months earlier. Her stepfather told her that if he went to the police with that information, the family would likely split up, the woman’s mother would hate her and her pet dog would die.
The man later began a three-year sexual relationship with his stepdaughter, who was between 15 and 18 years old at the time. While the woman told the court the intercourse was “not against my will,” she was not legally able to consent to it. By law, a person under the age of 16 cannot consent to sexual activity with a person more than four years older than they are. If the sexual activity includes anal sex, payment or pornography, or involves a person in a position of trust or authority, the age of consent is 18 years. All sexual activity without consent is unlawful.
The woman said she had tried to end the relationship many times, but her stepfather became “cold and hateful” and was going to take everything from her. She eventually told her mother what was happening and the stepfather was kicked out of the house and the police called.
The woman’s step-uncle was also charged. He was later acquitted after a week-long trial.
Twitter: @tara_bradbury
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