A man has been convicted of assault for the rough handling of his girlfriend’s three-year-old son after the child soiled his pants.
The offender pleaded guilty to assault on Monday in Brandon provincial court and received a one-year conditional discharge.
A publication ban prevents the printing of any information that could identify the victim, so the 33-year-old offender can’t be named due to their connection.
Crown attorney Yaso Mathu said the mother left her young son with her boyfriend when she went out with friends on Christmas Day.
When the boyfriend picked her up the next day, she noticed bruises on her son’s face.
Her boyfriend told her that his own son had come over to her home while he was babysitting, the two boys were playing rough and that’s when the three-year-old got hurt.
However, the bruises worsened and the mother asked her son what happened. At first, he told her the other boy had injured him. But when the woman’s boyfriend left the home, he told her the boyfriend had hurt him after he’d pooped.
The child had bruises on his cheek, under both his eyes and the back of his head. There were also red marks to his ear, neck, face and back of his head.
When the mother confronted her boyfriend via text message, he admitted he’d grabbed the boy and carried him to the bathroom.
When the mother took her son to the Brandon hospital, a pediatrician didn’t believe the injuries were from rough play, either, and police were called.
The boyfriend told the mother and police a similar story.
While babysitting, he had asked the boy if he needed to use the washroom and the child said no. The child then soiled himself a short time later.
Disappointed, the boyfriend had taken the child to the washroom to clean him up. The offender told police that the boy was jumping in the shower when he fell and hit his head. He then grabbed the moving boy to keep him still, he claimed.
But he admitted to police that perhaps his anger got the better of him and he had grabbed the boy by the face while picking him up to take him out of the shower.
Mathu said the offender, who had no prior record, wrote an apology letter to his ex-girlfriend and took anger management counselling. His guilty plea also spared the boy from testifying.
Mathu recommended a one-year conditional discharge and Judge Shauna Hewitt-Michta agreed. As part of his sentence, the offender will have to do 30 hours of community service work.
With the exception of his own son, he isn’t to provide child care, or hold a job or volunteer role that puts him in a position of trust over children.