Terminally ill sexual predator sentenced to five year in prison | #childpredator | #kidsaftey | #childsaftey

A man with terminal cancer who has already lived longer than expected has been sentenced to more than five years in prison on a raft of sexual abuse convictions involving a child.

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BRANTFORD – A man with terminal cancer who has already lived longer than expected has been sentenced to more than five years in prison on a raft of sexual abuse convictions involving a child.

The 57-year-old man, who can’t be named as it would identify his young victim, was found guilty after trial of sexual assault, sexual interference, making child pornography and possession of child pornography.

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“This case involves a serious breach of trust by an adult offender against a 13- to 14-year-old child,” Justice Robert Nightingale said as he sentenced the man, calling him a “sexual predator” who preyed upon his niece when he was living with family.

The judge found the man guilty last June, but there have been delays as he dealt with his health issues and tried to establish his Indigenous background.

Last year, the man showed up with an affidavit outlining the conditions he faced while incarcerated at Maplehurst and Hamilton Wentworth jails, where he was triple-bunked in a small cell and inmates weren’t allowed out for days at a time. Court was told the man slept on the floor by a toilet and was frequently threatened by both offenders and correctional officers after the officers let others know about his sexual charges.

“He was scared for his life,” Nightingale said.

He was treated for strep throat in the jail but, when it didn’t seem to get better, further medical treatment was declined, he said. Once released on bail, the man was diagnosed with stage 4 throat cancer.

Since then he’s had chemotherapy, radiation and surgery and, while the cancer is in remission, a letter to the court from his oncologist said the man has already “outlived his expected life expectancy and his prognosis is poor,” Nightingale said.

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The judge noted Ontario’s prison system could provide adequate medical attention.

Although the issue didn’t come up through most of the process, at sentencing the man’s defence lawyer said his client thought he was Indigenous and wanted more time to try and establish his roots as a Metis or in the Six Nations community.

He was granted some time but those involved in membership and genealogical research at Six Nations could find no records to help him.

While the man consistently denied any guilt in the crimes he was charged with, before trial he admitted that photos he had on his phone that showed explicit sexual activity with a young girl, including close-ups of parts of her anatomy, were of his 13-year-old niece.

Those photos “made their way” to the computer of his son, who uploaded them to a Facebook Messenger account, leading police to raid their home where thousands of pornographic images were found, including the man’s “huge” collection of child pornography.

The victim in the case found it too painful to write an impact statement but Nightingale said the traumatic effects of sexual abuse on under-age children are well-known.

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While the man has a fairly extensive criminal record, the judge found it mainly outdated and not relevant to his current convictions.

Now living in the Niagara area, the man has a supportive wife and was a contributing member of society before being charged. After his charges, he became a victim of vandalism and assault, but Nightingale said that didn’t reduce his sentence as it was part of “natural consequences.”

Nightingale gave the man a global sentence of six-and-a-half years and took off roughly 14 months for his hard time while incarcerated, leaving more than five years to serve.

Should he live, the man will be on the sexual offenders registry for 20 years.

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