Flasher jailed for 45 days

David Ernest Friesen, 65, was convicted of 1 count of committing an indecent act and 2 counts of exposing himself to a person under 16

A man who exposed himself to a mother and her young children outside the Penticton library was sentenced Monday to 45 days in jail.

David Ernest Friesen, 65, who was convicted in provincial court in June of one count of committing an indecent act and two counts of exposing his genitals to a person under 16, also had an extra seven days tacked on for breaching his bail conditions while awaiting trial.

Once his jail term is finished, Friesen will be on probation for two years, conditions of which require him to stay at least 50 metres from the library and the victims’ church, and avoid contact with the victims and other kids under the age of 16.

The 45-day jail term represented a step up from the mandatory minimum of 30 days, which Judge Meg Shaw said was enacted to provide “special consideration” to offences involving children.

The victim, a mother of three whose identity is protected by a publication ban due to the sexual nature of the alleged offences, testified at trial in May that she arrived at the library on a January 2016 morning and was in the process of unloading her children from her van when Friesen approached them in the parking lot.

She described Friesen as disheveled, which put her on edge, but she nonetheless engaged in a “polite exchange” with him when he initiated a conversation. She told him her children were excited about taking out some new books.

The mother said Friesen, who was about two metres away, asked if she had any girls in her van. As she turned to respond, she noticed his penis dangling from a hole below the fly on his pants.

The mother recoiled in shock at the sight and quickly ended the conversation, then Friesen walked to a nearby car and drove away.

She notified her husband, but didn’t report the incident to police because she couldn’t identify the man. Several weeks later, however, she saw him at her church and was able to get his name, leading to Friesen’s eventual arrest at a men’s shelter. Friesen was applying for a benevolent request from the church.

In her reasons for judgement in June, Judge Shaw said she did not accept Friesen’s explanation that he was unaware his penis was exposed because it was a cold day and everyone was wearing heavy jackets.

“There’s no way he would have not known,” Shaw said, also taking exception to the question about whether there were any girls present and the suggestion Friesen smiled at the woman when he realized she had seen his penis.

“This was no accidental act,” said Shaw, “it was for sexual gratification.”