Birth delays sentencing
Judge agrees to postponement in sentencing of man who had sex with 11-year-old girl
The sentencing of a 28-year-old man who admitted to having sex with an 11-year-old Penticton girl has been postponed while he awaits the birth of his child.
Rick Allen previously pleaded guilty to one count of sexual assault after admitting to having intercourse with a young girl in 2014.
Allen and the girl corresponded briefly on the dating website Plenty of Fish before meeting late at night on Feb. 23. 2014, when they had sex in his Penticton apartment.
The girl claimed she was 18, although Allen admitted to police he thought she may have been as young as 14 or 15.
Allen was scheduled to be sentenced Wednesday in a Kelowna court, but defence lawyer James Pennington made an application to adjourn the sentencing.
“I can advise that as of yesterday afternoon, Mr. Allen’s partner was having contractions,” said Pennington. “She has not given birth, and I understand the plan is to admit her to the hospital today and then they will induce her.”
Judge Meg Shaw accepted the application but insisted the sentencing needed to be rescheduled as soon as possible.
“I would like this to be done within 30 days,” she said.
The sentencing will take place in Kelowna.
This delay follows a long series of delays in sentencing, which began in January 2017.
At the time, Shaw said that with no similar case law to reference, she would have “some difficulty” making a decision.
In February 2017, Shaw said details from Allen’s psychological report were inconsistent and vague.
“We’re grasping and speculating and guessing on certain things,” Shaw said. “I’m not trying to drag this on. I’m struggling with contradictory information for a fit sentence for this offence.”
She said she would like the matter to be finalized within two weeks.
Court heard in July 2017 that B.C. Forensic Psychiatric Services advised an assessment, focused on Allen’s cognitive abilities, would not be ready until late October.
The Crown has argued for a jail sentence of between nine months and one year, while the defence is seeking a 90-day jail sentence to be served on weekends.