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Winnipeg Free Press - PRINT EDITION
No jail time for man convicted of seeking sex with girl, 9
Brian Woodard-Peach, 21, was given a one-year conditional sentence Thursday for the rare crime of Internet luring.
Queen's Bench Justice Lea Duval cited the unusual facts of the case as grounds for lenient punishment. The Crown sought six months custody in one of the first cases of its kind in Manitoba. "This is not to be taken as a precedent for others who choose to abuse children in this manner," Duval said.
Woodard-Peach has Asperger's syndrome, a form of autism that his doctor, family and lawyer said played a significant role in his criminal behaviour.
"He was a very immature 18-year-old (at the time of the offence)," said defence lawyer Josh Weinstein. "Asperger's made it very difficult for him to act appropriately."
Police investigators confronted Woodard-Peach in 2006 with a series of disturbing comments he made to the girl, including asking if she masturbated and describing what sex for the first time would be like. "Think of the worst pain ever. It'll be like that. Then it'll turn into pleasure," he wrote.
Woodard-Peach fought his case at trial earlier this year, claiming it was the girl's "twisted" idea to have sex and that he was trying to talk her out of it. He had met the girl through her older cousin whom he was dating. He claimed he had no sexual interest in the child.
Duval found him guilty, calling his actions "abhorrent."
"I'm not the horrible person I was made out to be in the court," Woodard-Peach said Thursday. "I'm truly not a bad person or a sexual deviant."
Woodard-Peach said his life has been a struggle because he has been unable to fit into any social situation. He apologized to the victim and promised to continue seeking help. "Nobody is more disappointed how my life has turned out than me."
His parents also made tearful submissions. "He's had a life of being teased and bullied and not accepted by others," his father said. "But I truly believe he has the potential to be a productive member of society."
His mother told the judge she'd see a different side of Woodard-Peach if she spent a day with him. "I know he's a kind-hearted, caring and loving person. He needs therapy, not punishment."
Woodard-Peach must live with his mother under a 24-hour curfew. The Crown is seeking to have him placed on the national sex-offender registry. His lawyer is fighting the application.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition September 11, 2009 A14
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