Man gets 6 years for sexually assaulting his daughter – Brandon Sun

A Brandon man was sentenced to six years in prison this week after being convicted last year of sexually assaulting his 13-year-old daughter.

The 43-year-old man, who cannot be named due to a publication ban to protect the victim’s identity, was convicted following a trial in May 2023. Judge Elliot Leven reserved his decision on sentencing after hearing sentencing submissions before January.

The Crown argued for a 10-year prison sentence, while the defense argued for three years.

Leven’s written decision explained the facts of the case.

Between January and December 2017, the man approached his sleeping daughter in her bedroom three times, touched her breasts and inserted his fingers inside her. This happened when his daughter was 13 years old.

The man had no previous convictions and a pre-sentence report assessed him as being at low risk of re-offending and below average risk of committing further sexual offences. He also had permanent residency status in Canada and the judge found that his conviction and sentence would have immigration consequences.

In his summary of counsel’s arguments, the judge said the Crown had placed an emphasis on denunciation and deterrence in its argument for a 10-year sentence. The Crown added that the man made no admission of guilt, which is not the case in some of the case law cited by the defense in support of a lesser sentence.

In its argument, the defense emphasized rehabilitation and the fact that the man had no criminal record. The defense also submitted about 15 letters of reference describing the man as a hard worker and describing him as kind and honest.

The man expressed his love for his family and daughter in court, but the judge noted that he did not admit committing the crime.

In his decision, Leven acknowledged that the man had no criminal record, was at low risk of reoffending and would likely face immigration consequences.

He said it was not clear from the reference letters whether the letter writers knew about the sexual harassment conviction.

“In addition, sexual crimes against children are usually committed in secret,” said Leven. “The fact that the perpetrator is publicly seen as a good member of the community does not negate the seriousness of these sexual offenses.”

The judge also said the man’s actions were made more serious by the fact that the victim was a minor and because she was his daughter, he was in a position of authority over her.

Leven wrote that the harshest sentence in the jurisdiction was 10 years and that this case involved multiple convictions – the sexual harassment charge in this case was four years.

Ultimately, the judge found that six years was an appropriate sentence. The judge also ordered that the man’s name be placed on the National Sex Offenders Registry for 20 years and that he be subject to a lifetime weapons ban and a ban on communication with the victim.

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