Man jailed for sexual assault of unconscious girl at Nanaimo park

She awoke to find him penetrating her with his fingers as she slouched against the wall of the public washroom with her pants and underwear pulled down.

Her efforts to fight back didn’t stop Webber until she managed to push her much larger attacker off and phoned a friend to pick her up.

Webber sent a text message to the victim two days after the incident, apologizing for what happened. However, Webber claimed he wasn’t responsible, claiming one of his brothers who looks like him was.

“In my view this was a weak attempt to deflect blame for what he had done,” Justice Jennifer Duncan said during her November 2020 decision.

A follow-up message from Webber acknowledged he made a mistake, which was consistent with his version of events told to an RCMP officer while making a statement.

Webber’s cognitive deficits played a significant role in the sentence given by Justice Duncan.

A pre-sentence report showed he was diagnosed with klinefelter’s syndrome as a child, which can affect physical and intellectual development. While the condition is treatable, court was told Webber did not receive care for the diagnosis in part due to challenges the family had accessing medical care.

During sentencing submissions, court was told Webber has few life skills, has never had a job and binge drinks after receiving his monthly disability cheque.

He has a grade 12 education obtained through a specialized program.

“Mr. Webber’s moral blameworthiness is reduced by his disadvantaged background which stems from the affects of colonialism on the aboriginal people of this country, as well as his state of intoxication at the time the offence occurred,” Justice Duncan said.

Webber’s mother was the victim of physical and sexual abuse in residential school, while his grandfather also attended residential school.

Webber’s mother suffers from PTSD, rarely leaves home and has significant distrust of the outside world, Justice Duncan noted.

Justice Duncan said a statement made by Webber during the sentencing hearing indicated he is remorseful and has insight into his offending.

Webber’s own lawyer however, said differently.

Ben Lynskey said Webber provided limited understanding of his offence in his pre-sentence report, stating he doesn’t remember what happened and didn’t want to talk about it.

“I think there are a lot of things that in the right circumstances should have been done to optimize the trajectory of Mr. Webber’s life and for whatever reason he’s really fallen through the cracks,” Lynskey said.

The victim testified during the trial but wasn’t comfortable attending the sentencing hearing.

She doesn’t feel safe by herself in public, has breakdowns going near Comox Park, suffers from nightmares and often feels anxious.

Court was told she received counseling after the incident and intends to seek additional sessions.

While Webber had no prior criminal record, his post-offence conduct concerned the Crown. He had a pair of breaches for his bail conditions and did not address his alcohol abuse issues.

Webber’s one year jail sentence will be followed by two years probation, with numerous conditions. He said he’ll attend sex offender therapy if his father is present.

The Crown lobbied for 24 to 30 months in jail, while the defence countered with three months behind bars and three years probation.

Webber will appear on the National Sex Offender Registry for 20 years, allowing police detachments nation-wide increased access to Webber’s whereabouts.

He was ordered to provide a DNA sample.

Join the conversation. Submit your letter to NanaimoNewsNOW and be included on The Water Cooler, our letters to the editor feature.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes

by Ian Holmes

Man jailed for sexual assault of unconscious girl at Nanaimo park

Our Community