“Extraordinary case”: No prison for Shuswap man who raped 14-year-old girl | iNFOnews

05 June 2024 – 18:00

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, Provincial Court Judge George Leven said at the Salmon Arm Courthouse that this was a “rare and exceptional case” in which a sentence of house arrest was justified.

The court heard that Joshua Aiden Cole Simpson, born in 2002, suffered from a chronic brain disease and numerous cognitive deficits. When he was 17, his cognitive abilities were estimated to be that of an eight to eleven year old. His IQ was 69.

He was 19 years old when he raped the ninth-grader, who was described as a vulnerable person with problematic family circumstances.

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The court heard that Simpson had become known as someone who supplied alcohol and cannabis to young people in the area.

During spring break 2022, the teenager was at Simpson’s house with some friends having a drink. When the friends left, he took her into his bedroom and began fondling her.

She asked him to stop, but he didn’t and raped the girl.

“He didn’t use a condom,” said Judge Leven.

She left and later texted Simpson.

“Why did you rape me?” she asked.

“I didn’t think before I acted,” he replied.

“You raped an underage girl and you even admit it?” she replied.

“Yes I did… I’m sorry I raped you,” Simpson wrote back.

He was arrested and later pleaded guilty.

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The court heard that Simpson was serving a two-year suspended sentence for sexually abusing an eight-year-old girl after he raped the teenager.

He was 16 years old when the first incident occurred.

“He felt remorse and shame, but could not appreciate the impact his actions had on the young victim,” the judge said, referring to his previous child abuse case.

He was not allowed to have contact with people under the age of 16 and lived semi-independently at that time.

His adoptive mother had said that he did not understand the consequences and would relapse without supervision.

The court heard a detailed history of Simpson’s cognitive condition.

His parents had worried from a young age that he would not be able to live independently as an adult. He was impulsive, had poor judgment, and needed supervision. As a teenager, he was prone to being manipulated by his peers and had little or no impulse control.

His cognitive difficulties date back to his birth.

He was born in Ontario and his biological mother had previously had six children taken away from her due to abuse and neglect.

“She hid him so they couldn’t arrest him,” the judge said.

He had no prenatal care and did not go to the doctor.

“He was neglected and developmentally delayed,” Judge Leven added.

He was adopted at the age of four and has undergone several psychological evaluations over the years.

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He was thought to be suffering from fetal alcohol syndrome, but without knowing whether his mother had drunk alcohol during pregnancy, no conclusion could be drawn. One expert said Simpson’s case was one of the most serious he had seen in a decade.

The 14-year-old had not written a victim impact statement, so the court was not told how she had experienced the two years since the rape.

The prosecution demanded a two-year prison sentence for Simpson, while the defense argued for two years of house arrest and life under supervision.

“This is a very difficult case,” said Judge Leven when deciding on an appropriate sentence.

“Mr Simpson is chronologically an adult, but his functioning has been at a much lower level for his chronological age for most of his life.”

Ultimately, the judge sentenced Simpson to two years of supervised home confinement, followed by three years of probation with a strong focus on rehabilitation.

“He appears to have been unable to learn from past experiences throughout his life. It would be unreasonable to assume that imposing a harsh prison sentence would specifically deter him in the future,” the judge said.

It remains to be seen whether Simpson understands the enormity of the situation.

It is not known what Simpson did, but Judge Leven commented on his reaction to one of the conditions of house arrest.

“I noticed your reaction when I told you that you were not allowed to consume alcohol or drugs,” the judge said. “This is a prison sentence. If you violate it, you will go to prison immediately, without question.”

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