A Kamloops man has been sentenced to 30 days behind bars after admitting to “a moment of weakness” more than five years ago in which he groped his daughter’s teenaged friend during a sleepover.
The 50-year-old man, who cannot be named due to a court-ordered publication ban protecting the identity of his victim, pleaded guilty in Kamloops provincial court to one count of touching for a sexual purpose a person under 16 years old.
Court heard the incident took place at the man’s home in 2011. He was watching a movie with his daughter and her friend, both 13, when the friend fell asleep.
He reached over and rubbed the friends privates over her pyjama bottoms. The girl woke up while the touching was taking place, but pretended to remain asleep.
The incident came to light years later when the girl reported it to a sexual-assault counsellor.
The man was charged in September 2016.
“I take full responsibility for what happened,” the man said in court. “I can’t really express how sorry I am. I know that I’ve harmed my family.”
The man told court he hasn’t spoken to his daughter in two years as a result of the incident, noting he missed her high school graduation.
Crown prosecutor Frank Caputo had been seeking a sentence of 90 days, while defence lawyer Don Campbell asked for a sentence of between 14 and 45 days behind bars — time he wanted served on weekends.
Campbell sought weekend jail in part, he said, because of fear for the man’s safety if he were placed in general prison population and the circumstances of his offence became known. Weekend jail inmates are generally kept separate from those serving straight time.
Caputo argued prison officials have protocol to ensure an inmate’s safety.
Kamloops provincial court Judge Stephen Harrison ordered the 30-day sentence to be served consecutively.
“It was a moment of weakness — a criminal moment at that,” Harrison said. “She was someone who was in a vulnerable situation. She had reason to expect that she’d be safe with [the man]. It turned out that was not the case.”
Once he is released from prison, the man will spend 18 months on probation, with orders barring him from contacting the victim and being alone with anyone under 16.
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