Publication ban for sex assault victim lifted
However, mandatory ban for child pornography charge remains in place
Ayoung Lethbridge man is claiming at least a partial victory after a judge rescinded a publication ban that prohibited the media from identifying the sexual assault victim in news stories.
Judge Derek Redman removed the discretionary ban Monday during a hearing in Lethbridge provincial court, but pointed out it relates only to a charge of sexual assault perpetrated against the man by Jamey Brian Kristian.
Kristian pleaded guilty in September 2015 to eight of 26 sex-related offences against three boys and was sentenced last year to 12 years in a federal prison. That sentence was later appealed and dropped to nine years.
A publication ban is generally ordered to protect the victims of sexual assaults. But one of Kristian’s victims, now a 21-year-old university student, had applied to have the ban lifted so he could freely talk about the assaults against him, and help him heal emotionally, mentally and physically. He also wants his name published so other victims know who he is and can contact him for support.
The man had applied more than a year ago to have the ban lifted, but Redman denied his request and said he could re-apply at a later date, after he had time to consider any repercussions rescinding the ban might have on him. Monday Redman said he believes the man understands what he has asked, and he lifted the ban.
“It’s a big sigh of relief knowing I’m now able to tell my story to those who may need to hear it,” the man said following Monday’s hearing.
However, while the judge lifted the ban in relation to the sexual assault, he was unable to rescind a mandatory ban relating to a charge of child pornography, with which Kristian was also charged in connection to the victim.
Section 486 of the Criminal Code states that “a judge or justice shall make an order directing that any information that could identify a witness who is under the age of 18 years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography ... shall not be published in any document or broadcast or transmitted in any way.”
To avoid contravening that publication ban, The Herald will not publish the victim’s name.
The Crown at first opposed rescinding the ban on the sexual assault charge, but later changed its stance and didn’t take a position one way or the other. Defence, on the other hand, did not want the ban lifted for fear the added publicity would increase the risk of harm against his client who is in prison.
Lethbridge lawyer Greg White had earlier suggested the ban remain in place at least until Kristian is released on parole. His first parole hearing is expected near the end of the year.
Kristian, a former Big Brothers volunteer and teacher at Raymond Elementary School, was arrested in January 2014 after Lethbridge police investigated a number of reports of his activities with young boys. Police later discovered photos, videos and a journal detailing incidents in his home. The most recent incident on which Kristian is charged occurred in 2013, but some of the charges date back to 2005.
Kristian was also charged with voyeurism, which relates to photos taken surreptitiously in changing rooms at Nicholas Sheran Pool in Lethbridge and other public facilities.