1 year jail for P.E.I. woman who sexually assaulted 15-year-old boy

A P.E.I. woman who sexually assaulted a 15-year-old boy has been sentenced to one year in jail.

The judge called it a "tragic and isolated" case, because of the woman's mental health and addictions problems.

"This is not a hardened criminal," said Justice James Gormley as he handed down sentence Tuesday in P.E.I. Supreme Court in Charlottetown.

"She can benefit from help and counselling."

The boy had previously dated one of the woman's children and had been staying at the woman's home leading up to the incident in April of 2019.

RCMP received complaint from parent

An agreed statement of facts was presented at the woman's sentencing hearing.

Court heard RCMP received a complaint from a parent last April, alleging the woman was supplying drugs and alcohol to young people and had sexual relations with a minor.

CBC News is not naming the woman, who is in her mid-30's, to protect the identities of the young people involved.

RCMP interviewed several young people between ages 13 and 21 who had either lived at or visited the home. Witnesses told police the woman's house was "very messy with no heat and limited food," according to the agreed facts, read in court by Crown prosecutor Jeff MacDonald.

My children are the most important thing in my life. They don't deserve any of this.— Offender

The sexual assault was witnessed by a 20-year-old male, according to the facts. The incident took place in the woman's bedroom and lasted about five minutes, and involved kissing but not penetration. 

Thane MacEachern, the woman's defence lawyer, told court the woman was using "marijuana and speed" the night of the incident.

"She has endangered all the young people that were in her home," the Crown said. "She has put her [children] in danger in the home." 

Police interviewed the 15-year-old boy, who denied any sexual activity with the woman. The woman initially denied it as well, but after charges were laid, she pleaded guilty to one count of sexual assault at a court appearance in August. Other charges were stayed.

Her children are now in foster care.

"She essentially turned her house into a flop house," said MacEachern.

Mental health, addictions problems

MacEachern told court the woman was raised by alcoholic parents and spent most of her life in foster care. Leading up to the incident, and several times since, she has been hospitalized for mental health problems, and has been receiving addictions treatment. She had no prior criminal record.

The prosecution and defence jointly recommended the sentence of one year in jail, which is the mandatory minimum. The judge also sentenced the woman to three years on probation.

"Her life has been challenging from the outset," said Gormley during sentencing. "We should not let the cold comfort of retribution dominate."

The woman wept as she stood in court to speak, just before sentence was handed down.

"My children are the most important thing in my life," she told the judge. "They don't deserve any of this. I want to get back to the person I was ... I want to be a good mom for them."

The judge ordered her to seek mental health and addictions treatment as directed by her probation officer when she gets out of jail. He also ordered her to stay away from parks and playgrounds and places where people under 16 are present for the duration of her three years on probation. She is not allowed to contact the 15-year-old boy.

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