South Okanagan senior convicted of public masturbation in park

A 71-year-old retired accountant and one-time political candidate has been sentenced to two years’ probation after being caught masturbating at a public park.

Okanagan Falls resident Rodney Neil Penway appeared in a Penticton courtroom Feb. 5 and told Judge Lynett Jung he made a “very terrible mistake.”

“It was an extreme error of judgment,” Penway said. “I am regretful of my behaviour.”

Penway said he saw a couple go into the bushes and assumed it was for sex. He appears to have followed them.

“I was under an understanding that the couple was open and would not be offended to engage in a sexual activity,” Penway said. “I misread the situation.”

Very few precise details were given in court but the incident took place at Soorimpt Picnic Area off Highway 97 between Penticton and Summerland in July 2023.

“He acknowledges that the park is a place where people often will meet up for sexual encounters and acknowledges that he has met both men and women there for that purpose in the past,” the Judge said.

His lawyer, Paul Varga described it as a “normal behaviour in an abnormal setting,” saying his client had “misread the room.”

However, Judge Jung said Penway lacked any insight into what he did and blamed the victim.

“The victim should be able to go to any place in a park and walk through the beautiful ponderosa, (and) the pine trees… without somebody exposing their penis and masturbating,” the Judge said. “He downplays his behaviour and doesn’t understand the impact of it.” 

The Judge was concerned by multiple statements Penway had made to a psychologist before being sentenced.

“He describes that masturbating in a public park while children are in the vicinity is not a big deal,” the Judge said. 

Penway accused the female of the couple of making up the story and being worried that her husband and Penway would have a connection. 

“He has extreme problems with self-awareness,” the judge said. 

In addressing the court, Penway pointed out that while he pleaded guilty, he didn’t plead guilty to the allegations made by the couple (it’s not clear what those precise allegations were) and repeated that the offence didn’t involve children.

He originally pleaded guilty a year ago, then said he would rescind his guilty plea, but didn’t.

The court heard that he was an active volunteer in the community. He was in a Rotary Club, and contributed to a Penticton children’s festival for a decade.

In 2018, he ran as a candidate in the Regional District Okanagan-Similkameen and came in second for the Skaha East/Okanagan Falls seat.

He is divorced and has three adult children and numerous grandchildren. He has been diagnosed with alcohol use disorder, although he denies it.

His lawyer argued for a conditional discharge, meaning he wouldn’t have a criminal record if he didn’t breach his probation.

However, Judge Jung said regardless of his pro-social life and lack of criminal record, his behaviour lacked insight and was unacceptable.

Ultimately, Penway was sentenced to two years’ probation and barred from public parks and other similar places.

Judge Jung urged Penway to take counselling, which is free while on probation.

“I strongly encourage Mr. Penway to look deep within himself and address (his) problems,” she said.

— This story was corrected at 10:15 a.m. Friday, Feb. 6, 2026. An earlier version of this story had identified the presiding judge as Judge Shannon Keyes.