Re­port or­dered for man who pleaded guilty to hav­ing sex with un­der­age girl


A sex­ual de­viancy re­port has been re­quested in the case of a Summerside man who has pleaded guilty to sex­u­ally as­sault­ing an un­der­age girl. The ac­cused fa­thered a child with his then 15-year-old girl­friend when he was 26.

The case was called in Summerside Pro­vin­cial Court Wednesday and sched­uled for a re­turn on Jan. 18, 2018.

The re­port was re­quested by the ac­cused’s at­tor­ney, Tr­ish Chev­erie. She told the court it would help pro­vide Judge Jeff Lantz with more in­for­ma­tion, in­clud­ing po­ten­tial treat­ment plans for the ac­cused, to con­sider when he de­cides on sen­tenc­ing.

Crown at­tor­ney David O’Brien is seek­ing a jail term of be­tween two and a half and three years.

The Crown’s sum­ma­tion of the facts of the case were en­tered into the court record on Wednesday. Chev­erie said she did not have any dis­pute with the facts as pre­sented, but would likely have more to add to them when the case re­turned in the new year.

There is a court-or­dered pub­li­ca­tion ban on any in­for­ma­tion that could lead to the iden­tity of the vic­tim in this case. Ac­cord­ing to the Crown’s sum­ma­tion, both Summerside Po­lice Ser­vices and Child Pro­tec­tion Ser­vices were aware of ac­cu­sa­tions that the ac­cused was liv­ing with and hav­ing in­ter­course with the vic­tim prior to her preg­nancy, but couldn’t prove it con­clu­sively.

Po­lice spoke with the vic­tim and the ac­cused on sev­eral oc­ca­sions, in­di­vid­u­ally and to­gether, warn­ing them that the girl was un­der­age and it was a se­ri­ous crime for the male to have sex with her. The age of con­sent in Canada is 16. Nei­ther the vic­tim nor the ac­cused ad­mit­ted dur­ing any of those con­ver­sa­tions with au­thor­i­ties to ever hav­ing had sex with each other.

In early 2015 Child Pro­tec­tion Ser­vices be­came aware that the girl was preg­nant and in­formed Prince County Hos­pi­tal that it was to be no­ti­fied when the baby was born, which it did. A po­lice and Child Pro­tec­tion Ser­vices in­ves­ti­ga­tion was then started.

Dur­ing the in­ves­ti­ga­tion, a pa­ter­nity test was se­cured by po­lice, which de­ter­mined the ac­cused was more than 99 per cent likely to be the baby’s father.

Dur­ing a sub­se­quent in­ter­view with po­lice it was ex­plained to the ac­cused again that be­cause of his age it was sex­ual as­sault for him to have in­ter­course with a 15-year-old.

He replied, “I don’t have a prob­lem with that, if you do and the rest of the gov­ern­ment does than that’s their prob­lem, not mine. I don’t have any­thing wrong with that.”

The ac­cused was charged on May 24, 2016. He orig­i­nally pleaded not guilty to the charge but changed his plea to guilty on Aug. 14, 2017.

The vic­tim has since re­united with her fam­ily.

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