ATHABASCA — A northern Alberta man avoided jail time and will instead serve his six-month sentence for indecent exposure on house arrest after flashing his genitals to a minor in a pool shower.
The man, who cannot be named because of a publication ban, entered his guilty plea in-person at the Athabasca Court of Justice March 24, and as a result of his plea, one charge of sexual assault and one charge of sexual contact with a child were withdrawn.
“As you might guess from the circumstances put forward in the original charges, this is a true joint submission,” said Crown prosecutor Matthew Kerr, noting a conviction at trial would have meant a “very different” outcome.
“This is a serious incident, as exposing your penis is with any child,” said Kerr. “His moral culpability is high.”
Justice Rosanna Saccomani accepted the plea deal and handed the man a six-month conditional sentence order, or house arrest, with non-attend and non-contact conditions for the victim, directions to abstain from alcohol, and mandatory treatment for sexual offenders. Saccomani also approved a year-long probation period with identical conditions.
Court heard in March of last year, the convicted was using the swimming pool at the Athabasca Multiplex with multiple children. While preparing to leave the facility, the man and a 10-year-old minor under his care entered a private change room.
The man began showering with the 10-year-old and exposed his genitals to the child. The incident was later reported to staff at the child’s school, who notified RCMP.
Kerr listed the age of the victim and the man’s position of trust and authority over the child as aggravating factors for Saccomani to consider in sentencing, and pointed to the man’s lack of a criminal record and guilty plea before trial as mitigating.
“It would have required this child to relive and be re-traumatized by the incident during the court process,” said Kerr. “I cannot overstate how significant sparing this child from testifying was in this case.”
After hearing details of the convicted’s family and personal history, Saccomani stressed the importance of treatment and counselling for both sexual offenders and substance abuse.
“This can’t happen again,” said Saccomani. “If you require help with addictions, you should get it. This is an opportunity for you to get the therapy you require so these matters don’t occur again.”
