West Kelowna man jailed for sexually abusing 16-year-old in his care

A West Kelowna man who sexually abused a 16-year-old girl he was supposed to be caring for will spend 28 months in jail.

According to a recently published B.C. Supreme Court decision, the 16-year-old was living with the man and his wife and their three children in West Kelowna in 2013 when the abuse began.

All the names have been omitted from the decision, but it says the 16-year-old was sent to a special academy in West Kelowna from Ontario by her parents because they believed that she had started using drugs and was associating with a negative peer group.

The girl stayed with the host family and their three children while she was in West Kelowna.

The decision says in November 2013, the girl came home from school one day upset and the husband comforted her by giving her a cuddle.

"From that date forward, (the husband) made gradual moves on (the girl) and, by December 2013, he was engaging in sexual intercourse with her," Judge Lisa Wyatt said in the decision. "They had sexual relations with each other two to three times per week, including intercourse and oral sex, in the bedroom of (the husband) and his wife, in (her) bedroom, and in (his) truck."

The decision says the husband was 27 years old at the time.

In February 2014 the wife came home and found the girl, who was then 17 years old, in bed with her husband.

The wife did not tell the police fearing that she might lose her own children.

She then lied to the host family organization saying the girl was emotional and aggressive with her three kids and needed to find another host family.

The decision says before the girl had moved out the wife got drunk one night and tried to kiss her.

"If my husband can kiss you, then so can I," the decision reads.

The decision says that even after the girl moved in with a new host family the relationship with the husband continued.

"(She) would sneak out of her host home at night and (he) would pick her up. They would then have sex together. (The husband) did not use a condom or other protection," the judge said.

Even after the girl moved back home to Ontario, they stayed in communication through social media until the girl's mother found their messages.

Eighteen months after she first discovered the relationship, the wife went to the police. 

Judge Wyatt said that the fact the husband was in a position of trust was an aggravating factor in the case.

"Experience teaches that, while the legal age of sexual consent is normally age 16, persons under age 18 are vulnerable to sexual exploitation by people in a position of trust or authority over them or with whom they are in a dependent relationship," the decision reads. "(The husband) abused a person while in a position of trust. (He) was the victim's father figure while she lived in his home. She was thousands of kilometres away from her own family, sent away by her parents as a result of her allegedly poor behaviour and drug use. So she was an incredibly vulnerable victim."

The judge highlighted part of a psychological report done on the husband that said the husband's "immaturity and emotional needs selfishly superseded his better judgment and knowledge of right and wrong at the time."

This comment didn't sit well with the judge.

"I reject the notion that this offender, who was a 27-year-old father of three and who was 10 or 11 years older than the victim who herself was clearly a vulnerable youth, who was put into his care by her parents who lived at the other end of the country, did not know that what he did was wrong," Judge Wyatt said. "To the contrary, he knew she was vulnerable and troubled and I conclude that his moral blameworthiness is on the higher end."

The judge also wasn't happy with a letter of support for the husband sent by his brother.

"That letter suggests the victim was, and I quote, 'a kindred spirit to (the husband),' and was, I quote again, 'overtly welcoming to her interest in him.' That comment borders on victim-blaming and shows a complete lack of understanding of the impact of this offence on the victim who was a child," the Judge said.

The Judge said other letters of support seem to minimize the seriousness of the offence which was more than a simple lack of judgment or a one-time mistake. 

The abuse had a clear and devastating impact on the young girl. 

"She relapsed following her return home, she has had a suicide attempt, she self-harmed in other ways, and she has continued to struggle with shame and feelings of low self-esteem as she felt guilt."

Ultimately, the judge sentenced the husband to 28 months in jail.

"The aggravating factors in this case, most significantly, the breach of trust, the degree of physical interference, and the very significant impact on the (the girl), cause me to conclude that a shorter sentence would not adequately address the principles of deterrence and denunciation," the Judge said.

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