Appeal James’ sentence

Hey there, time traveller!
This article was published 21/03/2012 (5272 days ago), so information in it may no longer be current.

It is easy to wonder if any jail term could have met the public thirst for vengeance against Graham James for sexually preying upon Canada’s young junior hockey hopefuls. The two-year sentence imposed Tuesday by provincial court Judge Catherine Carlson cannot satisfy the clamour for retribution. That, though, is not her job. More pointedly, the sentence does not serve justice. It should be appealed.

Society has long held special condemnation for those who prey upon children. Courts have been slow to reflect that with sentences that recognize the wreck and ruin visited upon children indelibly marked for life by the psychological impact of sexual molestation. This case has dragged into the public mind the insidious reach of sexual abuse of children. Former junior hockey player Greg Gilhooly articulated this in describing the lingering impact of his experience — a charge of sexual assault in his case was stayed, in exchange for James’ pleading guilty to abuses against former NHLer Theoren Fleury and his cousin, Todd Holt. The years of self-doubt and recrimination, the self-sabotaging later in life as he studied at Princeton University and while articling at a prestigious Toronto law firm. The alcoholism. The questions about how a big, strapping athletic young man could allow himself to be party to the sexual assaults, as Mr. Gilhooly said on national radio Tuesday. Mr. Gilhooly says he hopes one day to like himself again. Mr. Gilhooly, in speaking publicly on the devastation of sexual abuse, has done other victims a service. Sheldon Kennedy and Theoren Fleury laudably have turned their hurt into campaigns to support victims of sexual assault.

The mess that is made of the mind is what sets sexual abuse apart from most crimes and this is poignantly true of young minds. It strikes deep into the essence of identity, the sense of self-worth and dignity.

The courts often do not reflect the gravity of this crime. Judge Carlson, respecting the necessity of following precedent, imposed two years for James’ assaults, dating to the 1980s and early 1990s, against Mr. Fleury and Mr. Holt, who wanted to be traded to escape the assaults but was told by James no junior team would have him. Judges must consider recommendations from the defence and Crown lawyers: James’ lawyer asked for 18 months to be served in the community; the Crown attorney sought six years in jail. Judges must consider aggravating and mitigating circumstances: James was a serial abuser, previously incarcerated for earlier convictions, and he left the country where anonymity allowed him to coach again. He recognizes he is a pedophile, has also done some rehabilitation, his lawyer says he has not reoffended since going to jail in 1998, and now pleaded guilty (in a deal) in this trial and apologized to his victims.

The judge took into account, as is her duty, that James suffered public humiliation. His lawyer said he has been warned by police of death threats. In some cases, it is reasonable to consider that publicity and public stigma can take a greater toll on a person’s life than the punishment that would be meted out in accordance with case law and the Criminal Code guidelines. But, that James has made himself a pariah in his country is difficult to square with the toll on his victims. Why would public humiliation have any weight in sentencing any adult who sexually abuses a child?

The public says he is a monster and demands vengeance, but this reflects the outrage of a sensational case. Deterrence and denunciation, however, are not only specific, they serve as a public warning to all who may be in similar criminal mind, as the judge noted. A sentence of two years, though, does not serve that principle of justice. It sends a worrisome message, especially to victims now watching the courts.

The Court of Appeal holds the authority to do a reality check on how courts treat heinous sexual crimes against children, to send a message, if necessary, to all that sentences should better reflect the gravity of the damage done. That is where the James case must make its next stop.