B.C. man sentenced to 5 years for multiple sexual assaults of 'extremely vulnerable' 14-year-old girl

This photo shows the courthouse in Nelson, B.C. (Image credit: provincialcourt.bc.ca)

Warning: This article mentions the sexual abuse of a child and may be disturbing.

A B.C. man who was 60 years old when he sexually assaulted an "extremely vulnerable" teenage girl who was in foster care has been sentenced to five years in prison, according to a recent court decision.

The sentence in the was handed down in Nelson Supreme Court last month and posted online this week. Kenneth John Harrison was charged with sexual interference, invitation to sexual touching and sexual assault and found guilty after an 11-day trial in 2022.

The victim, referred to by the initials A.B., testified for four days at the trial, according to Justice Lindsay M. Lyster, who described the evidence as "harrowing." A.B. was 14 when the offences took place in 2019.

"She was in foster care; she was street-involved; she was engaged in drug seeking behaviour and she was under the influence of drugs given to her by Mr. Harrison during the commission of these offences," the court heard.

"Mr. Harrison exploited A.B.'s vulnerabilities, which he was well aware of, for his own sexual gratification. His conduct was morally and legally reprehensible."

'MULTIPLE ACTS OF CHILD ABUSE'

The sentencing decision says Harrison gave A.B. both methamphetamine and ketamine on the night he assaulted her in his van.

First, Harrison drove A.B. to a "secluded location" and then to "an even more secluded location," the court heard. "This was not a single act of child abuse, but two distinct phases of child abuse, each of which included multiple acts of child abuse," Lyster said, before describing the details of multiple instances of assault including rape, perpetrated over a period of many hours.

The judge made that finding as part of her consideration of the question of whether all three charges were, in effect, "a single criminal act."

THE IMPACT

The decision notes that Crown was unable to obtain a victim impact statement from A.B. or from any adult involved in her care. However, Lyster said the impact of Harrison's crimes was "palpable" during A.B.'s testimony, acknowledging that A.B was traumatized by the violence itself and "further traumatized" by taking the stand for multiple days in court. That testimony, the court also heard, was delivered by A.B. with no friends, family or caregiver there to support her.

"I commend her for her courage, her tenacity and her commitment to seeing that justice was done," the judge added.

'POOR' PROSPECTS FOR REHABILITATION

Lyster, as part of her determination of a fit sentence, described two reports submitted to the court that raised concerns about Harrrison's risk of reoffending, saying they characterized his prospects for rehabilitation as "poor."

Among the issues raised by the report writers were Harrison's misogynistic comments and attitudes. In one example, he referred to the victim as a "spoiled little bitch" who had falsely accused him. He also was reported to have denigrated the female professionals involved in his case.

Overall, the judge said, the reports painted a picture of a man who – with "bitterness and anger"— insisted he was innocent, who refused to accept responsibility for his actions and who failed to understand how his vulnerable victim had been affected.

"Mr. Harrison lacks any acceptance of wrongdoing, any explanation or any insight into his offending conduct. This bodes ill for his prospects of rehabilitation. Further, his proclivity for associating with young, vulnerable, substance and street involved youth, and his justifications for doing same, suggest that, if he could, he would attempt to ingratiate himself with other teenage girls like A.B. and exploit them in order to obtain sexual gratification," Lyster wrote in her decision.

THE SENTENCE

The reason Lyster had to weigh in on whether the assaults on A.B. were "a single criminal act" is because courts are not allowed to "heap" multiple convictions upon a person for what essentially amounts to one crime.

In this case, the judge agreed with the Crown that Harrison should be convicted of sexual interference and sexual touching, and a stay of proceeding should be entered for the sexual assault charge.

The prosecution's recommended sentence was six to seven years. The defence, for its part, argued Harrison should be sentenced to three years in prison.

The decision lists 10 aggravating factors, including the fact that Harrison committed "multiple instances of sexual assault." Other factors considered were the victim's vulnerability, the use of drugs to facilitate the assaults, the vast age difference between Harrison and A.B. and the risk of pregnancy or a sexually transmitted infection that the victim was exposed to. The violence inflicted on A.B. was described as "predatory" and "morally egregious" by Lyster.

There were no mitigating factors.

In settling on a five-year sentence, the judge found a three-year sentence would be "too lenient" in the circumstances and that while the Crown's recommendation would not be "excessive," it would be "longer than appropriate" given Harrison's age and deteriorating health.

"Perhaps the best that can be said for him, in terms of his risk to reoffend, is that his age and physical infirmities are likely to mean that he will have less opportunity and less capacity to reoffend once he is released from prison," the decision says.

Harrison will also register as a sex offender and submit a DNA sample. After his release from prison he will be prohibited from having any contact with people under 16 and banned from possessing firearms for 10 years.