Warning: This story contains graphic details that may be distressing to some readers.
A man who pleaded guilty to a sex offence against a person under 16 in 麻豆社国产has been sentenced to two years less a day in prison and three years’ probation.
Joshua Turner, 25, pleaded guilty on June 22, 2022, to a charge that he engaged in sexual touching between March 11 and March 20, 2021.
“Decisions like the one I am making today are amongst the most painful a judge is asked to deliver,” North Vancouver Provincial Court Judge Joanne Challenger said in her May 2 decision.
“An offence of sexual violence demands a disposition that will serve to denounce such conduct and deter others from engaging in it,” she said.
Challenger said Turner was just under 21 at the time of the offence while the victim was fifteen and a half.
"They were each aware of the other's age,” the judge said.
Shortly before the first incident, Turner sent the girl pictures of his penis.
On March 13, 2021, they were together at a bus stop and discussed being attracted to one another.
Turner told her that if they did start dating it would have to be a secret due to the difference in their ages. Challenger said that was an attempt to conceal the situation.
They consumed marijuana and then went to a train bridge. While sitting together, he began to rub her knee, thighs and buttocks and when asked, she said it was OK to do so.
“He asked to go under her clothes and she said no,” Challenger said.
During their conversations, Turner would ask the girl to engage in anal sex.
“She would say no or ‘maybe sometime in the future,’” Challenger said.
On March 16, 2021, they met after the girl finished school for the day and again consumed marijuana. Again, he asked for sex and she said no. He asked to see her genitals and she said no.
He asked if she wanted to see his penis and she said yes.
“Mr. Turner said, ‘Well, now we know what that is like,’” Challenger noted him saying, after sex.
On March 17, they met in the woods. He asked her if she wanted to "do something again," and she said no.
They then went to another spot and again he asked for sex and she refused.
She did agree to "spoon," which eventually turned into sex.
They then had a cigarette and he asked her if she wanted to have sex again. She said no. He ignored her.
She disclosed the sexual touching to a number of people the next day.
After March 20, she met up with Turner on three occasions but no further sexual conduct occurred.
“This offence did not involve a single act,” Challenger said. “Mr. Turner engaged in repeated sexual violence.”
“He proceeded with acts of intrusive sexual violence without consent,” the judge said. “On the second occasion, he was unsure but took no steps to confirm her consent. On the third occasion, he knew she was not consenting and engaged in intrusive acts of sexual violence twice.”
Turner was arrested on March 26, 2021. He provided a statement in which he admitted to engaging in sexual acts with the girl but denied some aspects of it.
“He said he was uncertain about her consent on March 16, but said it was ‘pretty much a no’ for both incidents on March 17,” Challenger said.
The judge said Turner has expressed remorse for his actions.
Background
Challenger said Turner comes from a highly dysfunctional family home where alcohol and sexual abuse were normal.
His father and his ancestors attended residential schools, the court heard.
Turner was diagnosed with ADHD when he was 11 years old and reported being angry and depressed throughout his life.
He was briefly hospitalized in a psychiatric bed in June of 2022 after acting out at a shelter.
“He was given antipsychotic medication but did not fill the prescription after his release,” Challenger wrote. “He also has not followed through with an anti-depressant prescribed by his family physician.”
He reported abusing alcohol from age 15 to 22.
"He uses marijuana on a daily basis and has done so since his teens,” Challenger said. “He views cannabis as ‘medicine.’”
Turner was found to be at least moderate risk of future sexual violence.
He has been undergoing counselling and attending 12-step meetings for substance abuse.
“It is essential that he receive intensive treatment to address the risk he poses to others,” Challenger said.
The Crown prosecutor suggested a penitentiary sentence up to five years while defence asked for a conditional sentence.
