Man jailed for sexual offence against niece

A man with a history of sexual offences against children, who manipulated and forced himself on his 16-year-old niece, has been sentenced to 32 months in jail.

A man with a history of sexual offences against children, who manipulated and forced himself on his 16-year-old niece, has been sentenced to 32 months in jail.

The man, who cannot be identified due to a court order, pleaded guilty to sexual exploitation.

In his sentencing ruling released this week, Yukon territorial court judge Donald Luther called the 44-year-old man “opportunistic and calculating in his approaches to young females.”

In this case, the young girl was groomed by the offender.

“The pattern of spending time, texting, holding hands, kissing and finding time to spend alone was part of cultivating what he referred to as ‘an affair,’” the judge said.

In February 2011, the man took his niece on a long snowmobiling trip to a remote cabin, where he had sex with her. He tried, unsuccessfully, to persuade her it was OK.

“She tried to push him off. She told him to stop, which he eventually did,” Luther said. “Afterwards, she saw the condom on the floor.”

This was her first time having sex.

The man’s history of sexual crimes against children includes a 1999 conviction for sexual interference and a 2000 conviction for sexual assault.

In those cases, the girls involved were nine and 13 years old, respectively, court documents say.

Thirteen years ago, he also fathered a daughter with a 17-year-old girl.

The mother of that 17-year old says her teenaged daughter was groomed much the same way the latest victim was.

In his sentencing, Luther stressed that a charge of sexual exploitation is just as serious as sexual assault.

“Clearly, what is important is the nature of the criminal sexual behaviour,” he said.

In a victim impact statement, the young girl told that court she felt “angry, upset, sad, stressed,” and doesn’t know if she will ever be able to trust men again.

The man’s mother also wrote a letter supporting her son and outlining the physical mental and emotional strain this has put on her as the accused’s mother and victim’s grandmother.

“Her moving letter asked that her son be released from jail on a time served basis,” the judge said. “This request I am unwilling to grant.”

Prosecutors in the case were seeking a sentence in a federal prison.

As for the man’s personal history, the judge pointed out that he came from a troubled childhood including family violence, foster homes and substance abuse.

He was also sexually abused at a young age by his mother’s boyfriend and female family members.

“It seems to me that (his) sexual abuse as a child has had more effect on him than he himself realizes,” Luther said.

The man addressed the court and apologized for what he had done to the girl and her family.

Prior to that, there was some concern about whether he had any remorse, the judge said.

“I think it took him a long while to realize the seriousness of his actions. When it finally had sunk in to him, he spoke and I believed him.”

With credit for the time he has already served at the Whitehorse Correctional Centre, the man has slightly fewer than 23 months left on his sentence, which he will continue to serve in Whitehorse.

After he is released, he will be on probation for two years and is never to be with girls younger than 18 unless he is accompanied by another approved adult.