Manitoba man sentenced after grooming, sexually touching teenage co-worker

WARNING: This article references inappropriate sexual touching involving minors and may affect those who have experienced sexual violence or know someone impacted by it.

A Manitoba man who inappropriately touched a 15-year-old co-worker when he was 39 years old has been sentenced to two years in jail.

The offender hugged and touched the victim's lower back, buttocks and underneath her buttocks, "running his hand up and down the back of her leg," Court of King's Bench Justice Scott Abel said in a decision delivered in Brandon last week.

The incident happened in 2019. The judge said the offender and the victim shared messages on Facebook, where he attempted to "facilitate further touching."

The messages he sent included images of Daisy Duck kissing Donald Duck, of two bears hugging with the caption "never letting you go," and of a kitten with the caption "I need a hug meow please."

The offender, who was 39, also told the victim "get back in here and love me," and that he needed her.

The man is not named in the decision to protect the victim's identity

"The offender … was using psychological manipulation, to gain the trust of the victim," Abel said.

The man was initially charged with luring via telecommunications, sexual interference and sexual assault, but the sexual assault charge was stayed based on a principle preventing multiple convictions for the same criminal act.

'He was the adult'

The decision said the offences took place over several months on a regular basis. No victim impact statement was provided, but the judge said the extent of the harm on the girl could be inferred.

"She is young, her sense of self still developing. Her adult relationships will likely be affected, the extent to which is unknown. Her own psychological and emotional health will be affected," Abel said.

"While there was participation by the victim, in that she may have sought the offender out at work, this is of little import by way of reducing the moral blameworthiness of the offender. He was the adult in these circumstances."

Her adult relationships will likely be affected, the extent to which is unknown. Her own psychological and emotional health will be affected.- Justice Scott Abel

The judge said the man had no authority over the victim at their workplace — a hardware store — despite working together, but that he was "significantly older," and that the wide age gap between both created a power imbalance.

The offender, who is now 45, was married at the time of the incident and has four children. He has a Grade 12 education and no previous criminal record.

A pre-sentencing report found that he was a below-average risk for being charged or convicted of another sexual offence, or between a two and three per cent chance.

Abel said the man has permanent residency status, and that the sentence might result in immigration consequences.

Crown sought longer term

The Crown had initially sought three years of the luring charge, and 3½ years for sexual interference, to be served consecutively.

The judge said that "even after considering the potential harm to this victim and the high moral blameworthiness of this offender," the Crown's recommendation was not proportionate to the gravity of the offence, and that he also considered the low likelihood of the man to re-offend.

He sentenced the man to 24 months after making an adjustment based on the fact the the two sentences would be consecutive to each other.

In addition, the man will have to spend two years under supervised probation after incarceration, must remain in the court's jurisdiction, abstain from communicating with the victim and has to attend counselling or some other form of guidance as directed by a probation officer.

The man will also be registered as a sex offender for 20 years. For 10 years, he will not be allowed to enter public parks or swimming areas where children are expected to be present, can't seek employment or volunteering in a position of trust to children, and can't have any contact with a person under 16 without court approval.