Pleading guilty to sexual assault will be a good reminder for Mark Vincent Sture to keep his hands to himself whenever he meets in the future with co-workers in private to address office issues.
The Mortlach resident was working in Moose Jaw on Feb. 24, 2022, when he met privately with a female co-worker in a meeting room to address office tensions, Crown prosecutor Rob Parker said recently in Moose Jaw Provincial Court. He held the door open for the woman, and as she walked past, he put his hand on her upper back and shoulder.
“She indicated that the touching was without consent and it did compromise her sexual integrity and made her feel sexually objectified as a result of the way he placed his hands on her,” Parker continued.
Sture’s employer fired him after the woman reported the incident, and since then, the 60-year-old has engaged in counselling, the Crown prosecutor noted. He had no criminal record, and based on the evidence, giving him a conditional discharge with 12 months of probation would be appropriate since he pleaded guilty.
Other conditions include keeping the peace and being of good behaviour, taking sex offender programming, not being anywhere near the woman and providing a DNA sample.
If Sture completes his probation without incident, he will not have a criminal record.
Sture used to work for the City of Moose Jaw, but retired in 2017.
Defence lawyer Estes Fonkalsrud provided the court with similar case law as part of his submissions. He noted that based on the facts from one case that the Supreme Court of Canada handled, Sture will not have to register for the national sexual offender registry.
“This is not the case of an employer and employee. They were equals,” said Fonkalsrud.
This situation has had “dire consequences” for Sture since he lost his job, the defence lawyer continued. He did find another one but was on probation until his charge was handled. This now means he will lose that position — with the Town of Gravelbourg — because he pleaded guilty.
“He has always been productive in the community. He will look for other spring or summer work,” said Fonkalsrud. “He has been remorseful.”
The defence lawyer added that Sture is facing financial hardship, suffers from depression, started counselling, became a recluse because of his shame and embarrassment, and hopes a conditional discharge will allow him to find employment in the future.
When asked for comment, Sture said, “I’m truly sorry for my actions.”
This incident has caused “huge consequences” for both parties, and while Sture has faced severe stress since then, the woman has faced more based on her victim impact statement, Judge Darryl Rayner said.
While the case law example Fonkalsrud provided was 12 years old, Rayner noted that society’s attitude toward these offences has shifted since people realize this behaviour profoundly affects victims.
Moreover, the federal government has changed the Criminal Code around sexual assaults and how they’re handled.
“At the same time, I realize this was not the most serious of sexual assaults that have become before the court,” said Rayner. “I have to look at the nature of the offence and I have to sentence you based on (what happened).
“Furthermore, I have to sentence you based on the consequences … and how the average individual, what would they perceive the sentence to be here.”
Rayner added that he accepted the joint submission from the Crown and defence and would also impose on Sture a victim surcharge of $100.
