Warning: This story contains details related to the sexual assault of a baby and may not be appropriate for all readers.
Sentencing has begun in B.C. Supreme Court in Nanaimo for a man accused of sexually assaulting his one-year-old daughter.
The man, who can't be identified due to a publication ban, stood trial in 2023 and was found guilty of sexual assault, sexual interference of a person under the age of 16 years and possessing child pornography. Defence and Crown made submissions to justice Joel Groves on Friday, March 14.
Tim Russell, defence counsel, asked for a sentence of two years in a provincial prison, while Joanna Simpson, Crown counsel, sought five to six years' imprisonment in a federal institution.
During trial, it was revealed that the man's common-law wife had found a 40-second cellphone video of the man rubbing his penis against the toddler's pubic area. After initially denying the crime, the man apologized and had what was described to police as a mental breakdown. Police officers were not able to access the video from the phone, but a thumbnail image depicting part of what the mother described was entered into evidence.
Another piece of evidence was a pink blanket, which was seen in the video, according to the mother, and was found to have semen with a high likelihood of matching the man's DNA profile.
Against the wishes of a lawyer, the man had spoken to police and stated that he was trying to use his cellphone's light to assist in changing his daughter's diaper and accidentally recorded the video.
Crown counsel told the court that there is no victim more vulnerable than a child sleeping in their own home. Citing the present case, as well as similar cases, the crown said a child will likely suffer more harms from sexual violence at the hands of a close relation and when it is one's parent, it is at "the top of the spectrum."
The man was seen in the prisoner's box holding his head in his hands both when the original decision was rendered and during sentencing. Russell argued that his client felt "a profound sense of shame" and suffered from a lot of stress and anxiety, something that has affected him his entire life.
While defence counsel said his client was highly morally blameworthy due to the fact he was a parent, it was only one instance, there was no grooming or premeditation, and no additional gratuitous violence.
The man declined an offer to address the court, stating he wouldn't know what to say.
The defence had previously applied to have the man declared not guilty by way of mental disorder, citing a report from Dr. Rakesh Lamba, person in charge of B.C. Mental Health and Substance Use Services, which stated the man had a potential to suffer from "sexsomnia," taking part in sexual acts while sleeping, with amnesia a characteristic of diagnosis.
The judge dismissed the application last fall, noting that the man had provided specific details to police, such as using his cellphone light while changing his daughter.
The Supreme Court justice did not sentence the man this week and a date for her decision is set to be established on April 14.
