Winnipeg Free Press - PRINT EDITION

17-year-old guilty of sex with girl, 13

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A 17-year-old boy from western Manitoba has been convicted of sexual assault for having consensual sex with a 13-year-old during a game of Truth or Dare.

The soft-spoken teen confessed in Brandon court this week by writing a note to Judge Krystyna Tarwid describing what he did. He then apologized.

"I'm sorry for what I did, I know it was wrong," said the teen, who can't be identified under the terms of the Youth Criminal Justice Act.

The incident happened Dec. 30, when the boy was invited to stay over at the girl's home in the Rural Muncipality of Oakland. He was a friend of the girl's brother.

Crown attorney Marycia Sieklicki said the boy, 16 at the time, and the girl were playing Truth or Dare. It began with kissing elbows but escalated when the boy dared the girl to lose her virginity to him, and the girl agreed.

The youth admitted to having sex with the girl and apologized when her parents confronted him the next day.

Defence lawyer Philip Sieklicki added his client asked the girl six times before they had sex and she never denied consent.

However, Judge Tarwid noted that at 13 years old the girl wasn't legally old enough to consent. If the girl had been one year older, it wouldn't have been a legal issue.

Sieklicki also told court the boy has a troubled background. He was abused by his older sister and his grandfather was a convicted pedophile.

Tarwid gave the teen a two-year conditional discharge with an order requiring him to take sex-offender counselling.

Tarwid said the counselling will help the boy to better understand issues such as consensual and safe sex.

-- Brandon Sun

Republished from the Winnipeg Free Press print edition June 10, 2010 A9

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