June 14th, 2024

Man found guilty of sexually assaulting daughter

By Delon Shurtz on June 16, 2021.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A 35-year-old southern Alberta father who was found guilty in April of sexually assaulting his young teenage daughter, has been sent to a federal penitentiary.
Justice David Labrenz sentenced the father Tuesday in Lethbridge Court of Queen’s Bench to six years in prison, and said he could not think of anything that could mitigate the serious abuse of trust.
A jury deliberated for about five hours April 16 following a five-day trial, and found the man guilty of sexual counsel of a child and sexual contact with a child.
The father, who can’t be named to protect the identity of his daughter, assaulted the girl three times in his semi-truck during a work-related trip between Lethbridge and Edmonton in the summer of 2018.
Court heard how the man forced his daughter, who was 13 years old at the time, into the sleeper of the truck and forced her to stimulate him with her hand three times during the trip. After the first time he promised never to do it again, but he did about 10 minutes later.
During the Crown’s sentencing arguments Tuesday, Crown Prosecutor Dawn Janecke said court should find that the father committed sexual violence against his daughter, and although she attempted to physically fight his advances, he overwhelmed her by sheer force. He tried to force her to have intercourse, as well, but she prevented it by fighting and kicking him.
Her father also told his daughter that the family would be torn apart, and she would lose her mother, father and brother if she told anyone. While the offender prevented the girl from immediately texting and telling her mother, she told her mother what happened when they returned home.
The girl also testified at her father’s trial, describing the details of the assaults. Her father denied all of her allegations.
Although the Crown was seeking a sentence of six to eight years in prison, defence recommended a sentence of four to six years, and urged the judge to consider parity with other like offences.
Justice Labrenz noted, however, there are several aggravating factors in the case, and pointed out the offender didn’t show any remorse, abused his position of trust, repeated the assault even after saying he wouldn’t do it again, and told his daughter she would be orphaned if she told.

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