No jail for 76-year-old Vernon man who sexually assaulted friend’s widow

CONTENT ADVISORY

A Vernon senior who grabbed a late friend’s widowed wife by the wrist, led her to a bedroom and demanded oral sex, has been sentenced to spend the next two months living under a curfew.

Crown prosecutors had wanted 76-year-old Keith John Denley to spend six to nine months in jail, but at the Vernon courthouse, July 7, BC Provincial Court Judge David Patterson disagreed.

“It is clear to me that on this day, for whatever reason, he was not only intoxicated, but he was intoxicated to the point where he blacked out and committed an offence which is of a character for him,” Judge Patterson said.

The judge did, however, highlight the suffering the 70-year-old victim had been through since the events.

“I feel like a shell of who I once was. I feel that my emotions have been reduced to sadness and fear. The near-constant state of fear is emotionally draining and has devastated my energy, focus and ability to do simple daily tasks,” the victim said in a statement read out by the judge.

She burst into tears as the judge read her statement.

“I feel like I was stripped of my dignity, power, and autonomy over my own life,” she said. “I have a hard time being alone. I have an even harder time being out in public.”

Since the sexual assault, the victim had been diagnosed with PTSD.

“I have never been a fearful person by nature. Now, fear is ever-present and influences my everyday decisions,” her statement read. “I am tired of the tears, the pain and the fatigue.”

The sexual assault dates back to 2022, when Denley was visiting the woman in the afternoon. He’d already drunk wine at another friend’s house before coming over and drinking scotch on the deck.

Denley had known the 70-year-old’s late husband, and since he’d passed away, Denley and his wife had socialized with the woman on numerous occasions.

At some point in the afternoon, Denley grabbed the woman by the wrist and led her through the house before tripping over onto a bed. 

He then pulled his flaccid penis out and yelled “suck my cock.” He grabbed her hand and moved it onto his penis.

The woman said she “turned into a lion,” jumped up and screamed at him. 

She then went to the kitchen and made some strong coffee.

As Denley was drunk, the woman wouldn’t let him drive home, and they sat at the kitchen table in silence for two hours before he left.

He was later charged with assault and sexual assault, but pleaded not guilty.

Denley testified he had no memory of the event and believed he must have had some kind of medical episode. He has numerous serious health conditions, and a doctor found he’d previously had a heart attack that he didn’t know about.

However, Judge Patterson didn’t buy it and found him guilty.

The judge did, however, accept the fact that he was very drunk and had no memory of the events.

The court heard how Denley had grown up in North Vancouver and had begun his career as a teacher before moving into administration. He once sat on the board at Capilano University, and in later life got involved with property development. 

Defence lawyer Laura McPheeters highlighted that the soon-to-be 77-year-old grandfather did not have a criminal record and had led a pro-social life, which included plenty of volunteering.

His wife, who sat in the courtroom, submitted a letter to the court praising her husband’s good deeds.

Judge Patterson said the case had unique circumstances.

“The difficulty with this case is twofold… the involvement of alcohol as a result of the blackout by Mr. Denley… (and) the impact on (the victim),” he said.

Ultimately, Judge Patterson sentenced Denley to 60 days under a 6 p.m. to 6 a.m. curfew, along with two and a half years’ probation. 

“I am hopeful that… for the victim in this particular case, that the closure of the sentence today will allow her to continue her healing and get on with her life in a wonderful, positive manner,” he said. 

NOTE TO READERS: To connect with a victim service program or violence against women program call VictimLink BC at 1-800-563-0808. VictimLink BC provides information and referrals to all victims, as well as immediate crisis response to victims of sexual and family violence.