(BEN BULMER / iNFOnews.ca)

A 22-year-old Shuswap man with the mental age of a child will not go to prison for raping a 14-year-old girl.

Yesterday, June 5, at the Salmon Arm courthouse, Provincial Court Judge George Leven said it was "rare and exceptional case" where a sentence of house arrest was warranted.

The court heard how Joshua Aiden Cole Simpson, born 2002, had a chronic brain disorder and numerous cognitive deficiencies. When he was 17 years old he'd been assessed to be functioning at the age of an eight to 11 year old. He had an IQ of 69.

He was 19 years old when he raped the Grade 9 student who was described as a vulnerable person with a troubled home life.

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The court heard how Simpson had become known as someone who would supply local teens with alcohol and cannabis.

During spring break in 2022, the teen had been at Simpson's home drinking with some friends. When the friends left he took her to his bedroom and began fondling her.

She told him to stop but he didn't and raped the girl.

"He did not wear a condom," Judge Leven said.

She left and later texted Simpson.

"Why did you rape me?" she asked.

"I wasn't thinking before acting," he responded.

"You raped an underage girl and you even admit to that?" she replied.

"Yes I did... I'm sorry for raping you," Simpson texted back.

He was arrested and later pleaded guilty.

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The court heard how Simpson was serving a two-year probation order for the sexual interference of an eight-year-old when he'd raped the teen.

He was 16 years old when the first incident took place.

"He had remorse and shame but was unable to relate how his actions impacted the young victim," the judge said referring to his earlier child abuse case.

He wasn't supposed to have contact with anyone under 16 years old and was living semi-independently at the time.

His adoptive mother had said he didn't understand consequences and would re-offend without supervision.

The court heard a lengthy history of Simpson's cognitive state.

His parents had worried from a young age that he wouldn't be able to live independently as an adult. He was impulsive and had poor judgement and a need for supervision. As a teenager, he tended to be manipulated by peers and had little or no impulse control. 

His cognitive difficulties date back to his birth.

He was born in Ontario and his birth mother had previously had six children taken from her for abuse and neglect.

"She kept him hidden so they couldn't apprehend him," the judge said.

He had no prenatal care and didn't see a doctor.

"He was neglected and developmentally delayed," Judge Leven added.

He was adopted at age four and over the years had multiple psychological assessments.

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It was thought he had fetal alcohol syndrome but it couldn't be concluded without knowing whether his mother drank when she was pregnant. One expert said Simpson was one of the most severe cases he'd seen in a decade.

The 14-year-old didn't write a victim impact statement so the court didn't hear about how she'd been coping in the two years since being raped.

The Crown wanted Simpson to spend two years behind bars, while the defence argued for two years of house arrest living in an environment with supervision.

"This is a very difficult case," Judge Leven said of deciding on an appropriate sentence.

"Mr. Simpson is chronologically an adult but has functioned at a much lower level than his chronological age for much of his life."

Ultimately, the Judge sentenced Simpson to two years of house arrest living with supervision. It will be followed by three years of probation with a strong focus on rehabilitation.

"Through his entire life he appears to have been unable to learn from past experiences, it would be unreasonable to think that imposing a harsh prison sentence on him would specifically deter him in the future," the Judge said.

Whether Simpson understands the enormity of the situation remains to be seen.

It's unknown what Simpson did but Judge Leven commented his response to one of the conditions of house arrest.

"I did note your reaction when I said you're not to consume alcohol or drugs," the Judge said. "This is a jail sentence, you breach it, there'll be no question you'll immediately go to jail."

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