Vernon Courthouse

(CHARLOTTE HELSTON / iNFOnews.ca)

VERNON - A North Okanagan couple will spend three months in jail for engaging in inappropriate sexual activities with the woman’s teenage daughter.

The woman, now 45, and the man, 58, cannot be named due to a court order protecting the identity of the victim, who was 17 at the time of the offences.

Court heard how the girl came to live with her mother — with whom she had been estranged since age four or five — and her mother’s husband. The couple had an open and very sexual life, according to Provincial Court Judge Jeremy Guild, who sentenced the pair today, July 26. As a result, the victim was exposed to their sexual lifestyle.

In one instance in 2014, the couple played a game of truth or dare with the complainant and her boyfriend, which led to the removal of clothing, Guild said.

Later, in 2015, the girl asked her mother for assistance in exploring sexual boundaries with her boyfriend, specifically to do with the use of ropes. Her mother complied and tied ropes around her daughter’s neck, hands and back. Her husband was present and touched the complainant while she was bound.

Both adults were initially charged with touching a young person for a sexual purpose, invitation to sexual touching and making or publishing child pornography. They ultimately pleaded guilty to the first charge, touching a young person for a sexual purpose, and the other charges were stayed by the Crown.

The man said he has led his life trying to do the right thing and be a good person, and said he was “very disappointed” in himself. The mother fought back tears as she addressed the judge, saying she regretted what she did.

“What she (daughter) needed at the time was a mother, not a friend. I was trying to be a friend,” she said.

The girl provided an unusual victim impact statement to the court; a drawing that illustrated her feelings. Guild described how the picture, drawn in pencil, showed what appeared to be a dead tree in front of a grey sky. There is a heart on the tree, but it is broken and fractured, which clearly represented sadness and a broken heart, Guild said.

The victim also said she felt disgusted with the accused, and with herself. She said she is now homeless and requires therapy. 

Guild said the motivation around the unusual circumstances appeared educational in nature. He pointed out the offences were opportunistic, as a result of the complainant asking questions and seeking assistance from her mother. Guild made it clear, however, that being asked by her daughter to perform the acts was not a lawful excuse. 

He said the victim’s young age, the position of trust that was violated, and the victim’s dependency on the two adults aggravated the situation.

He sentenced the pair to 90 days in jail, to be served intermittently during the week so they can still work, along with 18 months on strict conditions. Both are banned from having contact with the victim, with the exception of her mother. She can have contact with her daughter if her daughter initiates it and she must leave immediately if her daughter asks her to. Both accused will also be placed on the sexual offender registry for 10 years, and must not visit public spaces such as schools, parks and community centres where children under 16 are present. Guild also ordered the man to provide a formal, written apology to the victim.

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