Man convicted of sexually assaulting niece
CORNER BROOK — A sentencing hearing will take place on June 7 for a west coast man convicted of sexually assaulting his niece over a period of six years.
The man, who cannot be identified in order to protect the identity of his niece, was convicted on five charges — two counts of sexual assault, two counts of touching for a sexual purpose and one count of counselling for a sexual purpose — in Newfoundland and Labrador Supreme Court in Corner Brook on Tuesday, April 9.
The man was originally charged with 11 various sexual offences on a person under the age of 16 that were alleged to have occurred between January 2008 and March 2014.
Justice Peter Browne found him not guilty on one count of sexual assault and one count of touching for a sexual purpose.
Directed verdicts were entered on four other charges — three counts of sexual exploitation by touching and one count of sexual exploitation by invitation — at the close of the Crown’s case. His trial started in October 2021, with further appearances in April 2022, in April, July, October and December 2023 and on March 4.
The offences were alleged to have occurred on three separate occasions — between January and March 2008, between May and September 2010, and between March 2013 and March 2014. All the offences were alleged to have taken place at the home of the girl’s grandparents.
On the first occasion the man touched his niece’s vagina and made her touch his penis. He also attempted to force his penis in her mouth and then her vagina.
On the second occasion she alleged he touched her breasts and placed his hands down her pants. She pretended to be asleep and estimated the assault lasted two to three minutes.
On the third occasion she alleged he pinched her nipples over her shirt.
During trial the man’s lawyer argued that all the charges should be dismissed because the totality of the evidence before the court demonstrated that the niece exaggerated and was inconsistent throughout her testimony.
The Crown argued that while there are some inconsistencies in the niece’s evidence, they were collateral to the sexual assaults themselves. When examining her testimony regarding the three allegations, the Crown said, the material evidence was consistent and she did not attempt to mischaracterize or misrepresent what occurred.
Browne said in his written decision that the niece was 20 years old when she testified about events that occurred when she was seven, nine and 12 years old.
“So, in terms of her evidence pertaining to the events, it is the memory of a seven-, nine- or 12-year-old that I am really considering. For this reason, I may hold that a flaw such as a contradiction in her testimony regarding events that happened during each of the incidents may not warrant the same effect as a similar flaw in the testimony of an adult witness testifying about events that occurred in adulthood,” he said.
The man was released on conditions pending his sentencing.