A written confession seals conviction for child molester
NOTE: The following article contains details about child sexual abuse. Reader discretion is advised.
There was no turning back from a written confession to police in which a Penticton man admitted to sexual interference against a young girl.
The man, who can only be identified as CS to comply with a publication ban meant to shield the victim’s identity, was convicted of the offence Wednesday in B.C. Supreme Court.
CS, 28, remains free on bail pending sentencing at a later date.
Court heard the case began in 2018, when the victim, CG, disclosed to friends and later police that her mother’s boyfriend, CS, had touched her sexually on three occasions while babysitting. She was eight years old at the time.
CS was initially arrested in May 2018 and denied everything.
However, he returned to the Penticton RCMP detachment in December 2018 and gave a written confession, followed by an interview that was recorded and played at trial.
The written confession stated in part: “I hereby plead guilty to the charge of sexual interference and am willing to adhere to the punishment and charges that may be laid against me. I acknowledge the wrongs I have committed.”
During the police interview that followed, CS confirmed repeatedly that he did not want legal counsel, had not been pressured to confess, and did so knowing the potential consequences.
But by the time the trial finally got underway in September 2023, CS changed his story, denied his guilt, and suggested he’d been pressured by a social worker and CG’s mother to confess, because CG’s mother was at risk of having her kids taken away by the state.
CS’s lawyer sought to have the confession and police interview tossed out on the basis that they were delivered under duress, but that application was rejected by Justice Gary Weatherill.
“The accused went in on his own volition to confess. He was not coerced, pressured or threatened by the police. He was not detained. He could have left at any time. He had no desire to speak to a lawyer,” said Weatherill.
The judge also rejected CS’s story in its entirety, pointing to contradictions in CS’s testimony at trial, and noting CS’s original confession included specific details about the sexual acts to which the victim later testified and CS would not otherwise have known about.
The judge instead preferred the evidence of CG, who was 14 when she testified at trial, and presented as a “solid, compelling and believable witness.”
CS’s lawyer requested pre-sentencing reports that are expected to take up to 10 weeks to complete before the sentencing hearing can proceed. He faces a minimum sentence of one year in jail.