An Ontario man who sexually abused his young daughters and nieces over close to a decade will spend an indeterminate amount of time behind bars after a judge found he was in denial about his pedophilia and likely to reoffend.
The man, who can only be identified as K.C., was deemed a dangerous offender, a lifetime designation that allows the court to impose a prison sentence with no end date.
In handing down the designation, Ontario Superior Court Justice Kevin B. Phillips said K.C.'s unwillingness to accept and address his pedophilia would put the public at risk if he was released.
K.C. will reoffend by indulging his pedophilia as he is done in the past.Ontario Superior Court Justice Kevin B. Phillips
"I find that the overall evidence establishes beyond a reasonable doubt that it is likely that K.C. will reoffend by indulging his pedophilia as he is done in the past,'' Phillips wrote in a decision released last week.
"He has offended while on probation. He offended while under the care of a specialized psychiatrist specifically treating him for his pedophilia. He offended while the (Children's Aid Society) was involved in his family, exercising control over his direct access to children which he circumvented,'' he wrote.
He is in denial about what is plain to see.Ontario Superior Court Justice Kevin B. Phillips
"And, as mentioned, he does not presently have enough insight into his problem to fully accept that he needs significant help. He is in denial about what is plain to see.''
WARNING: Graphic details follow.
K.C. was convicted by a jury in 2015 of several counts each of sexual assault and sexual interference for offences committed between 2004 and 2012, the decision says.
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His nieces pretended to sleep as he assaulted them
The jury found that while his two young nieces were sleeping on a couch at his house, K.C. pulled down their pyjama pants and took pictures of the youngest one's genitals and of the oldest's underwear. The oldest niece, who was between five and eight years old at the time, was awake but pretending to sleep and saw him, the document says.
During another sleepover when the older niece was in Grade 4, K.C. came into her bedroom at night, pulled down her pants and touched her genitals, it says.
Covered daughter's mouth "so that Mommy wouldn't hear"
The jury also accepted the testimony of one of K.C.'s daughters, who said he once touched her genitals and covered her mouth when she threatened to scream "so that Mommy wouldn't hear,'' the decision said. Court also heard of other sexual abuse involving his daughters, the decision said.
K.C. had also previously been convicted of sexually assaulting a four-year-old girl at a friend's home and of sexual interference and breach of probation involving a 12-year-old girl, the decision says.
He was undergoing psychiatric treatment and dealing with the Children's Aid Society as a result of the latter conviction when many of the offences involving his daughters and nieces took place, the document says. Despite being ordered not to be alone with children, K.C. and his wife "jointly endeavoured to deceive the CAS with respect to K.C.'s compliance.''
Family believes K.C. was wrongfully convicted
Phillips raised concerns that K.C.'s family would not help keep him from reoffending if he was released, since most believe him to be wrongfully convicted.
"The woman with whom K.C. proposes to live with post-release testified that, while she will follow any court order, if she had children she would allow K.C. access to them as she believes in his innocence and does not see that he has any problems in that regard,'' he said.
It is a real concern that those around K.C. simply do not accept the extent of his issues.Ontario Superior Court Justice Kevin B. Phillips
"It is a real concern that those around K.C. simply do not accept the extent of his issues. That lack of insight does not bode well for quality of supervision.''
In the end, the judge wrote, the only way to sufficiently protect the public is to ensure that K.C. is either behind bars or under close supervision for the rest of his life.
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