Man who left body fluid on children’s clothes spared from record

Hey there, time traveller!
This article was published 16/04/2022 (1292 days ago), so information in it may no longer be current.

A former Asper School of Business student who left his semen on the clothing of three young children in a gym locker room has, on appeal, been granted a conditional discharge, sparing him a criminal record.

Court of Queen’s Bench Justice Jeffrey Harris ruled the original sentencing judge erred by focusing on the effect of the offence on society. “In my opinion, it is in the public interest that the accused be given every opportunity to become a useful and contributing member of the community to its fullest potential,” Harris said in the ruling.

The now 25-year-old man, identified in court documents only by the initials C.B., pleaded guilty last July to three counts of mischief and was sentenced to 15 months of supervised probation.

Court was told that on three occasions in early 2019, the man entered the community locker room at the Frank Kennedy Active Living Centre at the University of Manitoba, where he removed the clothing of young girls from their lockers and “deposited his semen” on the garments before returning them to their lockers.

In each incident, the child’s mother noticed the semen before the child had put their clothes on. Police analyzed the semen for DNA and identified C.B. as a suspect.

The original sentencing judge rejected C.B.’s request for a conditional discharge, ruling it was contrary to the public interest.

“It would have been evident to you by the size and the nature of the clothing that it was children’s items on which you were depositing your bodily fluids,” the judge said.

“I do find that’s very concerning, from a public morality view, and also from a feeling of community safety. This is a facility where families go to learn to swim, to enjoy the water. It was in the community change room, and their items were taken and violated… It erodes the feeling of safety that people can have when using these facilities.”

Harris said the sentencing judge concluded issues of “public morality” precluded a conditional discharge without properly assessing what factors were relevant to the public interest.

C.B. was at the top of his class at university, but withdrew from school after he was charged by police. He was also forced to quit his job at a grocery store where he would come into contact with children, a violation of his bail.

Since his arrest, C.B. has used his time to learn French and completed more than 100 hours of volunteering with Reconciliation Thunder, an Indigenous non-profit group.

C.B. underwent counselling on his own initiative, and according to a psychotherapist’s report provided to court is a “very low risk” to reoffend.

C.B. told his psychotherapist he considered his actions “a prank,” and stopped immediately when he overheard parents complaining and realized they could have a damaging effect on the children.

C.B. is not a Canadian citizen and a criminal record would jeopardize his professional opportunities and ability to travel abroad, Harris said.

“I am mindful of the impact on the victims and their parents and the fact that there were three separate incidents… It is difficult to fathom the depth of that sense of violation caused by these repugnant acts,” Harris said.

But a criminal record is not necessary to deter C.B. or others or denounce his actions.

“I believe that a sentence which will facilitate the accused’s rehabilitation and enable him to contribute to society to the fullest of his potential is the most appropriate sentence.”

dean.pritchard@freepress.mb.ca