A mother in Colwood has been sentenced to five-and-a-half years jail term after she was convicted of internet luring and sexually assaulting a 15-year-old boy in April 2020.
Ted Gouge, the Provincial court Judge enforced the maximum sentence of two years less than one day for each count of sexual assault and an 18-month sentence for internet luring. The sentences will run concurrently.
In the court document, the 27-year-old woman was identified as Ms P.
In his judgement, Gouge wrote that parliament has decided to prioritize denunciation and deterrence in cases of sexual assault upon children and the Supreme Court of Canada aligns with that approach.
He wrote: “In this case… it is important that the message be clear. The message is: If you are an adult, and you have sex with a child, you should expect to go to jail for a long time.”
Defence lawyer Rolfe Horne said he has instructions to appeal the sentence.
The trial, which occurred over five days in late June, heard that Ms P lived in a townhouse in a Colwood development in April 2020.
One evening, a group of four boys converged on the sidewalk in front of her home while she and a friend were on their way to the liquor store. The teens made an offer to trade marijuana for a six-pack of vodka coolers. The women agreed to the offer and came back with the six-pack and their own two litres of wine. At this time, the 15-year-old boy had joined the group.
The women drank wine while the boys smoked dope and drank the coolers. They were all intoxicated to some degree. After some time, the woman started an erotic solo dance and removed some of her clothing. She sat on the 15-year-old boy’s lap. Soon, they began to kiss, went upstairs and had sex. While testifying, the woman said she asked “Are you sure you’re 18?” three times. The boy replied “Yes” and “I wouldn’t be here if I wasn’t.”
Some days later, the woman sent a text inviting the boy to a “hot make-out sesh.” The boy came over and they had sex on a couch in her garage.
During the hearing of the sentencing, it was heard by the court that Ms P is the mother of a six-year-old boy that is suffering from attention deficit disorder. Their family doctor feels the mental health and development of her son will suffer if she is incarcerated.
As a child, Ms P was sexually abused and received treatment for anxiety and depression at the age of 14. She has no history of crime and her risk of re-offending is low, the court heard. She is employed, is in a good relationship with an intimate partner, and has the backing of her mother.
A probation officer however found that Ms P minimized her behaviour by saying that there aren’t any laws to hold “a minor to account for lying about their age.” The judge discovered her expression of remorse at the sentencing hearing “unconvincing” because she kept blaming the boy for misleading her about his age.
The Judge said the effect of Ms P’s offending behaviour on the victim, now 17, “has been very grave indeed” and described the victim impact statement as “a powerful articulation of the effects of sexual abuse on children.”
“I stopped caring about life and I don’t really try anymore,” the teen added that his relationship with his family has dipped and he doesn’t enjoy the things he used to enjoy.
The teen wrote: “I really struggle with my self-esteem now. I don’t like myself.” He said he had “hit a wall” and is “lost and confused.”
The judge said it was important to reject the stereotype that teenage boys are less prone to sexual assault than teenage girls. He wrote that giving a lesser sentence to a female offender than a male offender infringes the rights of male offenders under the Charter of Rights and Freedoms.
Though the judge said he was concerned about the impact on Ms P’s son, he did not feel he should reduce an “otherwise-appropriate sentence” for that reason.
He wrote: “Many offenders have children. If I were to impose a lesser sentence on Ms P because of the impact of the sentence on her mother and son, I would dilute the deterrent effect of the sentence.”
The son will keep having a close relationship with his father and grandmother.
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