While the mandatory minimum is just one year, the courts have recently been handing prison terms of at least three years to those who have sex with people too young to consent.
The client for one young man in that situation has asked for more lenience in Newfoundland and Labrador Supreme Court in Corner Brook.
The Bay St. George area man, who is now 21, was found guilty at trial earlier this year of sexually assaulting a 13-year-old girl in 2015.
A publication ban that extends to his identity prohibits the media from identifying him.
The man, who claimed the girl had told him she was 16, but didn’t take reasonable steps to ensure this was true, had sex with her after a night of drinking.
The matter was back in court for submissions on sentencing Monday morning. Crown prosecutor Brenda Duffy asked Justice Robert Stack to give the man, who was also found guilty of breaching three court orders, three years in prison. She said the age difference between the man and the victim was an aggravating factor, as was his extensive criminal record and the fact the girl was in a more vulnerable state after having consumed alcohol.
Duffy also told the court the man, whose prior record did not contain any sex offences, had not expressed remorse for what happened.
Jodi MacDonald, who defended the man in court, conceded a three-year prison term would be justifiable, but she asked Stack to consider a sentence as low as two years.
She said the man, who had a tumultuous upbringing — having to live between grandparents and foster care — is still young and has the potential to be rehabilitated with counselling.
The man is of Indigenous descent, so the court must also consider whether he has a strong connection to his culture and heritage, and if there are any restorative justice processes that may be more helpful.
Neither Duffy nor MacDonald could draw any direct connection the man has with his culture, but the man said it does exist.
When he was given an opportunity to speak to the judge, the man said he used to participate in Indigenous lifestyle activities when he was younger, but has not been able to more recently because he has spent a lot of time incarcerated.
The man also told the judge that he didn’t appreciate it being said he was not remorseful. He said he did feel bad for the young girl after he found out her true age, and he feels sorry for doing what he knows was wrong.
The man, who has been in custody since his conviction in June, will have to wait another couple of months before he is sentenced. Stack will render his decision Jan. 15.
