A 13-year-old boy has been sentenced to probation for repeatedly sexually assaulting his younger sister.
He is the youngest of four brothers who have been charged for allegedly repeatedly sexually assaulting their younger sister for more than two years.
“The complainant in this case … suffered indignities and actions that should not be imposed on any young person,” Judge John Combs said as the boy was sentenced on Monday in Brandon court.
By law, those involved can’t be identified, and the Brandon Sun isn’t printing the name of the family’s small Westman community to protect the victim’s identity.
Crown prosecutor Kaley Tschetter told court that in April of this year police were alerted that Child and Family Services was investigating the allegations.
CFS had been notified after the girl was overheard talking about the sexual abuse at school.
It was alleged that the girl, nine years old at the time of the report to police, had been sexually assaulted by her four brothers, who were aged 12 to 15 years old. The girl told police that, in total, her brothers sexually assaulted her 60 to 80 times.
RCMP later confirmed to the Brandon Sun that the offences were alleged to have been committed between January 2011 and March 2013 at the family’s home or property.
Tschetter told court that the assaults included sexual touching, exposing of genitals and other similar allegations.
At one point in 2012, the girl told her parents what was going on, and the assaults stopped for a time when her parents spoke to the boys.
“She was told by her parents at that time to scream if they started again,” Tschetter said.
The assaults did start again.
The four brothers made their first court appearances in June on charges of incest, sexual assault and other sex charges.
In October, the youngest pleaded guilty to sexual assault and became the first to resolve his case when he was sentenced on Monday.
The girl told police that that particular brother had assaulted her for two years prior, although the boy could only legally be held accountable for the offences he committed for seven months since turning 12 years old.
He’d invited his sister to touch him sexually and forced her to perform oral sex. He’d also made one failed attempt to have intercourse with her.
Tschetter said the boy told authorities that he began assaulting his sister when his curiosity was “piqued” while learning about sex in health class.
According to the offender it was when one of his brothers revealed that he and the others had been sexually assaulting their sister that he decided to “experiment” himself.
Tschetter asked Combs to impose a sentence of three months deferred custody, a form of probation, plus two years probation to follow. If the boy broke the terms of that sentence, he would have automatically spent a portion of the remainder of that sentence in jail.
But Combs pointed to the offender’s admission, his young age and lack of prior record.
“I’m not satisfied in his case that a period of deferred custody is required,” he said.
Instead, Combs imposed probation for two years, with orders that the young offender take sex offender counselling and that he not have contact with the victim without CFS approval.
The youth can be charged if he breaches the terms of his probation, but that may not result in a jail sentence.
The other three brothers still face charges, including one who is charged with sexual assault with an object.
Court heard that the victim and his co-accused siblings were apprehended by CFS. They reportedly continue to reside in foster homes.
Republished from the Brandon Sun print edition December 3, 2013