Nanaimo man convicted of sexually assaulting own sons faces long prison sentence

The boys, now nine and 11-years-old, were both abused during separate occasions when they were under five-years-old, Judge Saunders found.

During sentencing arguments on Monday, Oct. 4, Crown prosecutor Caroline Narroway told the judge the offender continually denying any wrong-doing should lead to an increased penalty.

“These offences are grave. His position of authority as a primary parent and caregiver for these children means his moral responsibility is also high.”

The accused squeezed his older son’s genitals when the boy was just three years old, in 2013 in the living room of their Nanaimo home. His father also used a wooden spoon to hit his genitals and buttocks.

In a second statement to police, the older of the two boys said during the same occasion of abuse, his nude father laid on top of his body and pinned him down on the floor.

Allegations lodged by the younger brother involved a single incident estimated to have occurred when he was between two and four-years-old.

Court was told his father pulled the boy’s pants down and touched his genitals. The father was also accused of attempting a penetrative act.

The boys reported their father threatened them to not to tell their mother.

During closing submissions at trial in April, Crown prosecutor Caroline Narroway said the boys’ statements were not typical imaginations of children.

“I don’t think squeezing a penis, or putting a penis up a child’s butt or rubbing a penis can be mistaken for any kind of innocent touching.”

While making her final pitch prior to judgement, Narroway cited a psychology report stating the offender appeared to believe children can enjoy sexual contact with adults and be willing participants if physical coercion or violence is not involved.

“Of course any application of sexual nature to a child is violent,” Narroway said, who noted rehabilitation is challenged by the fact the offender flatly denies doing anything wrong.

The psychologist found the offender has a pedophilic disorder and is a moderate risk to re-offend.

The offender does not have mental health or substance abuse issues, two pre-sentence reports submitted for the court showed.

Defence lawyer Peter Hertzberg lobbied for a term of six years in jail. He said his client agrees he needs sex offender treatment.

The victim’s mother made a statement to the court, saying her sons approached her to have their last names changed because they want nothing to do with their father.

“I had to leave work two years ago to help the kids get through this and to deal with my own mental health. I won’t be able to go back anytime soon. He has hurt us physically, mentally and financially. I lost our home and we had to move out of the city.”

She said the offender forcing a trial was traumatic for their family, while continually hearing his flat denial “makes my blood boil.”

“He doesn’t care. He doesn’t think he did anything wrong. He will never be fixed. He will never know my boys and he will never, ever see any of them again!”

The boys grandmother also addressed court, saying it’s sad to hear how much the boys hate their father.

“Imagine being abused by your own father, the person that was supposed to be your protector. It’s difficult to hear the boys discuss the direct, terrible ways their own father should die.”

While welling up in tears, the grandmother said she can’t retire because she’s financially supporting her mentally drained daughter.

“When I watch those boys suffer, I get so angry. With all due respect Your Honour there’s no punishment you can give that would be enough for what he’s done.”

The offender is already serving a federal prison sentence for a sexual assault involving a child several years after the incidents involving his sons.

He was convicted and jailed for sexually assaulting a minor in Nanaimo, arrested and removed from the family home.

He attended the hearing via video from prison.

Judge Saunders expected to issue her decision within two weeks.

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On Twitter: @reporterholmes

by Ian Holmes

Nanaimo man convicted of sexually assaulting own sons faces long prison sentence

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