Lawyer argues for five-year sentence in child sexual assault case

By Delon Shurtz - Lethbridge Herald on April 9, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

The lawyer for a 30-year-old Lethbridge woman who sexually assaulted her common-law spouse’s four year-old daughter six years ago, doesn’t believe his client should serve more than five years in prison.
During a sentencing hearing Thursday in Lethbridge provincial court, Calgary lawyer John Oman asked Judge Sylvia Oishi to sentence his client to four years in a federal penitentiary, three years less than the amount of time recommended by the Crown.
“The range of four to five years for this offender in all these circumstances, which are acknowledged to be a very serious set of circumstances, is appropriate, and I respectfully submit that seven years would be excessive,” Oman said.
Oman said his client, who can’t be named to protect the identity of the child, suffers from numerous medical issues, including borderline personality disorder, which are mitigating and reduce her moral culpability.
“She clearly has some very significant medical issues, including things from birth that significantly affect her, and, I suggest, make her vulnerable.”
Oman expressed concern that the Crown is seeking a seven-year sentence, which his client’s former common-law spouse received in November after he pleaded guilty to sexual interference and making child pornography. Oman pointed out the child’s father has a lengthy criminal record, while his client does not.
“She has no criminal record and no involvement, at all, with the criminal process, or wrong-doing.”
The woman stood trial in September and was found guilty in December of sexual assault, sexual contact with a child under the age of 16, and making child pornography. Defence argued during trial that the woman committed the offences under duress from her ex-spouse.
According to an agreed statement of facts, the father, who previously pleaded guilty to his charges, gave his daughter a drink of Sleepytime chamomile tea and three to five milligrams of melatonin in February 2016. He and his then common-law spouse – who is not the girl’s biological mother – sexually assaulted the child while she was passed out, and made a video recording of the assault.
The woman told police the offender forced her into the room where the little girl was sleeping and where he began assaulting her. When police showed her a forensic report indicating she was seen in the video taking part in the assault, as well, she said she didn’t have a choice.
“I know that just before that, he told me that if I didn’t do it, he would hurt me,” she said in her statement. “That was my main concern.”
The assault was not discovered until Feb. 6, 2020, after a man bought a storage locker in Lethbridge and found an SD memory card and USB drive. He discovered on the SD card numerous images and videos, including a video of the sexual assault. He took the card to the police, who conducted a forensic examination and identified the offenders.
During Thursday’s sentencing hearing, the child, who is now 10 years old, said she remembers what her dad and stepmother did to her.
“I hope one day you can forgive yourself, I don’t know if I can,” she said.
Reading from a victim impact statement, the child’s biological mother said she liked the woman at first because she made her children happy and seemed to care for them.
“You took that love and trust and destroyed it when you chose to harm (the child),” her mother said. “We are unbelievably heartbroken and hurt by your actions.”
She said her daughter changed from a happy little girl to a sullen and angry child who is not as trusting or happy as she once was.
Crown Prosecutor Tara Hayes said Thursday the woman’s assault had a “devastating” impact on the child, and is particularly aggravating because of the offender’s position of trust at the time, the age of the victim, and because the girl was asleep in her own home.
Hayes said the woman was more than passively involved in the assault and is seen in the video actively taking part.
“They are clearly both acting in concert in terms of creating the child pornography,” Hayes said.
She also suggested that while there are numerous aggravating circumstances, there are few mitigating factors. Hayes said the woman accepts only limited responsibility for her actions, and while she admits she is the woman in the video, she does not acknowledge her level of involvement in the assault or the amount of harm she caused.
The woman is scheduled to be sentenced May 31.

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