Ontario man sent back home as part of sentencing for sexual assault

‘He got no jail time, but she got a life sentence,’ says mother of teen victim

Having a sexual relationship with a Calgary teen he impregnated has landed an Ontario man a one-way ticket out of Alberta.

Provincial court Judge Marian De Souza on Friday accepted a joint Crown and defence submission to place Muhammet Kamacihan on two years probation for sexual assault.

And the main condition of Kamacihan’s probation is that he is to leave Alberta and not come back for the duration of his term.

“The sooner he drives back to Ontario, the better,” Crown prosecutor Joe Mercier told the judge.

Mercier said the prosecution’s main concern was that Kamacihan, who pleaded guilty to sexual assault, have no contact with his victim.

“The purpose of the probation order is to ensure he stays away from her, stays out of Alberta and stays out of her life,” he said.

Mercier said Kamacihan, now 26, commenced a sexual relationship with the victim when she was 14, eventually getting her pregnant when she was 15.

He said the two of them ran away to Ontario, where the child lives with the offender’s mother.

Both Mercier and defence lawyer David Chow said the case was a true plea bargain, considering the frailty of the victim, who ran from the courtroom during the offender’s preliminary inquiry and couldn’t give evidence.

Chow said there were definitely issues the defence would have raised had the case gone to trial.

“There were, what I would characterize as, viable defences,” he told De Souza.

The probation is on top of three months of pretrial custody that Kamacihan has served.

Outside court, the victim’s mother said it was “absurd” Kamacihan wasn’t handed a jail term for what she described as destroying her daughter’s life.

“There are no words; she’s left a shell,” the mother said.

“She can’t have a job, she can’t go to school, she has no friends because she was taken when she was 14,” she said.

“He got no jail time, but she got a life sentence.”

The mom said she didn’t even know what happened to her daughter when Kamacihan took her to Ontario.

“For two years, we had no idea where she was. We thought she may be dead,” she said.

“That he can sexually assault a 14-year-old, take her complete life away, leave her a shell and get no jail time is absurd.

“It proves that the system is a criminal system and not a justice system.”

She can’t have a job, she can’t go to school, she has no friends because she was taken when she was 14.