Man who drugged, molested his teenage sister-in-law spared jail

Judge said offender’s cognitive deficits ‘substantially diminish his moral blameworthiness’

A Niagara man who molested his teenage sister-in-law on several occasions after spiking her coffee with a noxious substance escaped a custodial sentence due to his “intellectual limitations.”

The 31-year-old man, who cannot be identified in order to protect the identity of the young victim, pleaded guilty to a charge of administering a noxious substance and was given a 12-month conditional sentence, also known as house arrest.

The Crown conceded the defendant “functions at a different level,” and that jail would be hard on him but argued his personal circumstances “do not take the case out of jail.”

The defence pointed to the man’s diminished moral culpability in advocating for a conditional sentence and argued that, given the defendant’s intellectual limitations and physical challenges, jail would be especially hard for him to endure.

The judge said the offender’s cognitive deficits “substantially diminish his moral blameworthiness.”

“Having regard to this offence and offender, I am of the view that a conditional sentence order is fit and proper,” Judge Joseph De Filippis said at a sentencing hearing earlier this month in an Ontario Court of Justice in St. Catharines.

“House arrest is not jail, but it is a significant restriction on liberty.”

Aconditional sentence combined with probation, he said, “meets the primary purpose of all sentencing … namely, protection of the public.”

In early May 2018, court was told, the defendant gave the 17-year-old a coffee. The victim drank it and fell asleep.

She awoke to find her brother-in-law crouching over her and doing up his pants. She has no recollection of what happened.

Later that month, the defendant and victim went out for a coffee. She became drowsy, but was aware of the man fidgeting with her clothing.

On May 30, she was at his home when he offered her another cup of coffee. She drank it and became drowsy.

At some point, she became aware of the defendant lifting her dress and “grinding on her.”

He later sent the teen a text message saying he had put muscle relaxant in his coffee and had accidentally given her the wrong cup.

According to a psychological report, the defendant has a history of “developmental delay and behaviour regulation issues,” and his intellectual and adaptive functioning are “extremely low.”

The offender’s mother told the author of a presentence report her son “knows right from wrong but has difficulty thinking things through or long term in order to recognize possible consequences of his actions”.

She said her son is often taken advantage of by others, and she feared he would not survive jail.

Meanwhile, court was told the victim dropped out of school after the incidents and has struggled with anxiety. She has since returned to her studies, is on medication, and takes counselling.

“I know that the victim feels betrayed and suffered emotional harm,” the judge said.

“It appears she is improving. Of course, this can take much time for sexual assault victims.”

The offender must also register with the federal sex offender registry for the next 20 years.