Oliver senior who slapped waitress on bum convicted of sexual assault

A 70-year-old South Okanagan man who slapped a waitress on the bum in an Oliver pub has been convicted of sexual assault.

The incident was described as “spontaneous, repulsive, and purely out of character,” but landed 70-year-old Paul Alaric in a Penticton courtroom May 28.

Alaric’s voice shook as he apologized to the court, saying he was very sorry to the waitress and her family and everyone involved.

The court heard Alaric was drinking with friends and family at the Firehall Brewery in Oliver when the incident happened. It was 5 p.m., and the group were paying up when the waitress bent over the table to take a payment when Alaric slapped her hard on the left buttock.

“One must keep in mind the fact that Mr. Alaric comes from a, shall we say, a bygone era,” defence lawyer James Pennington said. “(It) doesn’t make what happened right, but it helps to explain and to put things in context.”

The lawyer said it was “impulsive” and “opportunistic” behaviour.

“There is no one who feels more embarrassed, sheepish, foolish than Mr. Alaric,” Pennington said. “The fact that he’s gone through those 70 years without a blemish on his record speaks volumes.”

The court heard that Alaric was a weekly regular at the pub and, after the assault, had sent her a letter of apology.

Since having her bum slapped, the waitress had become anxious and had a hard time trusting anyone.

The Crown wanted Alaric to be placed on 18 months’ probation, put on the sex offenders registry, and give a DNA sample. 

The defence lawyer argued Alaric should be given a conditional sentence, whereby he would not get a criminal record provided he passed a probation period.

Citing his age and remorse, Provincial Court Judge Tina-Marie Bradford sided with the defence.

“I’ve accepted that he’s embarrassed by his actions, he is remorseful, and he does not want to cause any further pain or embarrassment to (the waitress) by attending where she works,” the Judge said.

Judge Bradford said it was unlikely that he would do something like this again and granted a conditional discharge, putting him on 12 months’ probation. He’s also barred from going within 50 metres of anywhere the waitress might be and has to do 50 hours of community service.

The judge said not to diminish his actions, but she would not be putting the senior on the sex offenders registry.