Teen suffered significant injuries after being attacked by victim’s dad

Boy gets two years probation on several charges including sexual assault

A 16-year-old who sexually assaulted his young cousin sustained serious head injuries after the victim’s father assaulted him after learning of the abuse, court heard Wednesday.

The Niagara teen, who cannot be named under provisions of the Youth Criminal Justice Act, appeared in Ontario Court of Justice in Welland and was placed on probation for two years on several charges including sexual assault and sexual interference. Court was told the incident occurred in August 2020 when the offender was 15 and the child was an eight-year-old boy.

The victim disclosed the abuse to a family member and his father “delivered a significant beating on (the offender) before police were contacted,” Judge Lynn Robinson said.

The defendant sustained serious injuries as a result of repeated blows to his head at the hands of his uncle.

The victim’s mother submitted a letter to the court, detailing how her son continues to deal with the trauma inflicted upon him.

“Not only was he the victim of sexual violence but his extended family was torn apart because of this,” the judge said.

At trial, the defendant denied engaging in any inappropriate behaviour on his part and claimed the boy had made unwanted sexual advances to him.

A court-ordered assessment suggested the teen is a high risk for sexual recidivism.

“Young people, by virtue of their age, have diminished moral blameworthiness and culpability as compared to adults,” the judge said in her decision.

She said the intent of the Youth Criminal Justice Act is to impose sanctions that address rehabilitation, reintegration and fair and proportionate accountability.

For the duration of his probation, the defendant cannot communicate with anyone under 14 unless under the supervision of an adult who is aware of the court order.