Toronto Star

Sex worker gets 8 years in client’s death

Judge takes into considerat­ion abuse transgende­r woman faced in prison during pretrial custody

- BETSY POWELL COURTS BUREAU

A Toronto sentencing judge has given a convicted killer enhanced credit for pretrial custody because of the hardships and abuse she faced as the first transgende­r woman held at the all-male Toronto South Detention Centre.

On Tuesday, Superior Court Justice Robert Clark sentenced sex worker Moka Dawkins to eight years in prison for fatally stabbing Jamie Foster, 27, in his downtown Toronto apartment on Aug. 3, 2015. Dawkins was working when Foster, her client, instigated a brawl by stabbing her under the eye with a knife when she tried to leave.

A jury last month found Dawkins, 28, not guilty of second-degree murder but guilty of manslaught­er, rejecting her testimony that she stabbed him eight times because she feared for her life and should be acquitted.

Clark said it was clear Dawkins was initially provoked, but she “went beyond legitimate self-defence and inflicted in anger the wounds that resulted in Mr. Foster’s death” resulting in her conviction for manslaught­er. The judge also said he accepted the prosecutio­n’s position that Dawkins stabbed Foster during “two distinct bloodletti­ng” incidents, in the living room and bedroom.

Dawkins called 911 that evening — too late to help Foster, noted the judge — and has been in custody ever since.

In an affidavit filed in court, Dawkins, who was tried as a man under her birth name, described the challenges of being locked up in an all-male facility, where she chose to go rather than be forced into segregatio­n in a women’s institutio­n because she has not fully transition­ed. Dawkins wrote she was verbally abused and physically attacked “specifical­ly because of my identity and sexual orientatio­n.”

Of note, she wrote inmates suggested alleged serial killer Bruce McArthur should “come gun me down” and wrote guards also “insult me and make fun of me.”

In addition to enduring hundreds of

lockdowns in the jail, Dawkins wrote she has had to fight to be given programs and support meant for individual­s in the LGTBQ community and only recently was allowed to wear a wig.

“The attacks, discrimina­tion and constant fights to be able to express my own identity have made my time at the institutio­n particular­ly difficult mentally, emotionall­y and physically.”

The judge said because of the harsh conditions, he was prepared to credit her two days for every one served prior to conviction. That brings Dawkins’ time served to 6 1/2 years, more than what the defence was seeking but not unwarrante­d, Clark said. Subtractin­g that time from her eight-year sentence, Dawkins is left with a further 18 months in custody.

Convicted offenders typically receive credit for time served at a rate of 1.5 days for every one held in pretrial custody. Those who have received “particular­ly harsh treatment” can seek additional remedy.

“Given that she is transgende­r, I would expect that her time in prison would be more difficult certainly than it would be if that weren’t the case,” Clark said. He also imposed a period of twoyear probation and said her prospects for rehabilita­tion were good. Before he passed the sentence, Clark asked Dawkins if she had anything to say to the court.

“I’m so sorry, I hope you find it in your heart to forgive me,” Dawkins said addressing Foster’s family. Defence lawyer Jennifer Penman said she will be receiving instructio­ns from her client on whether to launch an appeal.

 ??  ?? A judge accounted for abuse Moka Dawkins experience­d as a transgende­r woman in an all-male jail.
A judge accounted for abuse Moka Dawkins experience­d as a transgende­r woman in an all-male jail.

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