A teenager will spend nearly a year in custody after having sexual intercourse with a pre-teen girl, while he will later spend a full year on probation for other offences.
The 19-year-old — who was 17 at the time of the sexual assault and can’t be named under the Youth Criminal Justice Act — appeared in Moose Jaw provincial court recently, where he pleaded guilty to sexual assault, two assaults, breaching two court orders, and failing to appear in court.
The facts
The teenager — then 17 — met the 12-year-old girl a few months before the sexual assault and communicated with her through social media, explained Crown prosecutor Stephen Yusuff. On Feb. 8, 2019, they both attended a party in Moose Jaw and had sex there.
The girl later told police the sex was consensual; however, she was not old enough to consent, the Crown prosecutor pointed out. The boy also told police he had sex with her and that the girl told him she was 12.
“He admitted to police he made a bad decision,” especially since he was intoxicated by alcohol and cannabis, Yusuff said.
As part of a joint submission, for this incident, the teenager will spend eight months at the Paul Dojack Youth Centre followed by four months served in the community with supervision. He will have to report to a probation officer, take sex offender programming, have no contact with the girl, provide a DNA sample, and be prohibited from owning weapons for two years.
The boy was placed on a court recognizance on May 8, 2019 and had to keep the peace and be of good behaviour, Yusuff said. The teen failed to attend court on March 2, 2020. Later, on March 6, he and another male met at the Town ‘n’ Country Mall to fight. When the second male arrived, he changed his mind and did not get out of his vehicle.
Instead, the teen came up to the vehicle, grabbed the other male and punched him, but did not cause any serious injuries, the Crown prosecutor continued. The teen later told police his actions were unnecessary and uncalled for.
The court put the teen on another recognizance with the same conditions. However, on May 30, the boy went to a party in Moose Jaw, where he saw another male and assaulted him by punching him the face several times. The victim went to the hospital and had X-rays, but did not require stitches and had only two lacerations.
The teen received release conditions on June 4 that included keeping a curfew of 10 p.m. to 7 a.m., Yusuff said. Moose Jaw police conducted a residence check on June 7 at 12:15 a.m. but were told the boy was not home.
As part of a joint submission, the boy received an adult suspended sentence and will spend 12 months on probation after finishing his 12-month youth sentence. He received 12 months of probation for all four crimes, but they will be served concurrently, or at the same time.
Defence statements
The teen had no criminal record before these incidents, Legal Aid lawyer Suzanne Jeanson told Judge Brian Hendrickson. He knows he has anger problems and needs to address them. His doctor gave him medication in June to help with anxiety and depression, which has improved his self-esteem, his mood and his sleep.
Alcohol was the main factor that contributed to many of these incidents, Jeanson continued. He knows he needs support for his addiction and doesn’t plan to consume alcohol since it negatively affects his medication. The hope is that the 19-year-old will finish his education while in custody, find a job and seek support.
After reviewing the case, Judge Hendrickson accepted the joint submission and agreed to waive the victim surcharges.
