Grandfather who molested terminally ill grandchild placed under house arrest
An 82-year-old man who molested his terminally ill grandchild has been placed under house arrest - a penalty the Crown conceded was wholly inappropriate."
The Niagara Falls resident appeared in an Ontario Court of Justice in St. Catharines on Friday and received a two-year conditional sentence on a charge of sexual interference.
It's the type of sentence that is wholly inappropriate for these types of offences, but for our unique set of circumstances the Crown is willing to propose jointly to your honour to consider a conditional sentence order," assistant Crown attorney Todd Morris told the judge.
Typically, a conviction of sexual interference results in a penitentiary sentence.
The Crown said the joint submission proposed by the defence and the Crown is lenient, but stressed it was appropriate considering the unique circumstances" of the case.
The 14-year-old victim has a terminal illness and is confined to a wheelchair.
His medical condition, the Crown said, would have made his participation in this lengthy, arduous process all but impossible."
Judge Fergus ODonnell agreed, saying the victim already struggles with what life has dealt him," and adding to his challenges would be cruel.
However, the judge noted the sentence should not be viewed as a precedent in cases involving the sexual abuse of a child.
If not for the massively, extraordinary circumstances" of the case, he told the elderly offender, he would have likely spent the next five to six years behind bars.
The highest objective of the court system, the highest objective of society, always has to be protection of the vulnerable," the judge added. And, there is none who is more vulnerable than a child."
The defendant cannot be named due to a court-ordered publication ban to protect the identity of the victim.
In August 2021, court heard, Niagara Regional Police launched an investigation into a sexual assault said to have occurred sometime between 2020 and 2021.
Detectives learned the victim had disclosed to family members he had been molested by his grandfather on at least three occasions.
An assessment of the defendant, who denied having a sexual attraction to children, indicated he was of very low risk" to sexually reoffend.
It was a mistake on my part," he said in court. I've never been in trouble before. I'm sorry."
Court was told the offender and his wife of 56 years separated following his arrest and his children no longer have any contact with him.
Defence lawyer David Protomanni said his client is extremely remorseful for his actions.
He completely acknowledges what he did was wrong. This was certainly a terrible lapse of judgment."
He hopes one day for forgiveness."
The judge told the defendant there may never be a reckoning between you and your children."
That may be the price of this. That is a choice that's entirely theirs to make. There are some breaches that cannot be overcome."
The man's name will appear on the national sex offender registry for 20 years, at which time he will be 101.
Alison Langley is a St. Catharines-based reporter for the Niagara Falls Review. Reach her via email: alison.langley@niagaradailies.com