Charges dropped against man who had sex with 12-year-old girl

EDITOR’S NOTE: The following article contains graphic sexual content. Reader discretion is highly recommended.

All charges were dropped Monday against a man who had sex with a 12-year-old girl at an Oliver foster home, because it’s unlikely the Crown would have been able to convict him, according to the man’s lawyer.

The accused, who cannot be named due to a publication ban, was charged with sexual assault, sexual interference and invitation to sexual touching in relation to the October 2014 incident. He was 18 at the time.

The man’s former foster sister, who was 14 at the time, admitted to directing the sexual activities and was sentenced in February to 15 months’ probation.

Crown counsel Andrew Vandersluys did not offer an explanation as he entered the stay of proceedings in provincial court, and he declined comment outside court.

However, defence counsel James Pennington said outside court the Crown’s case was full of holes.

Pennington said his client has the intellect of a nine-year-old, so proving he had the ability to form criminal intent would have been difficult.

The lawyer also said his client was told during two interviews with the Oliver RCMP that he would not be charged and was considered a victim in the case.

Charges weren’t recommended, continued Pennington, until Sgt. Blaine Gervais assumed control of the detachment in April 2015 and ordered a new approach to the file.

Pennington believes the RCMP’s flipflop represented an abuse of process that would have also been fatal to the case.

Gervais declined Monday to comment on the investigation.

Pennington said his client, who still lives with his foster parents as a result of his cognitive difficulties, was pleased to put the matter behind him. However, the lawyer also noted the Crown has 12 months to reinstate the charges, which could forever impact the man’s ability to enter the U.S.

According to an agreed statement of facts read out at the February sentencing hearing, the sex acts took place in the basement of the foster home while the parents were upstairs.

Acting on the direction of his former foster sister, the man began playing a sexualized game of truth or dare with the 12-year-old that progressed from kissing and lap dances to oral sex and anal intercourse.

The incident came to light the following day when the victim, who was troubled by the events, disclosed it to her parents.