Victim was ‘completely destroyed’ by stepfather filming her in bathroom

A Brandon woman said her life was completely changed on March 7, 2022 when she found her stepfather’s phone set up in the bathroom — attempting to film a fourth nude video of her at age 17.

“I never understood how fast things really can change until that moment. How fast you can lose everything you thought was normal. How fast a relationship can be damaged. How fast a heart can be broken,” she read from her victim impact statement on Wednesday in Brandon’s Court of King’s Bench.

Justice Sandra Zinchuk reserved her sentence decision for a 36-year-old man who pleaded guilty at a previous court appearance to voyeurism and making child pornography.

The Sun cannot name the man due to a publication ban on information that could identify the victim.

The lawyers made their submissions on what they thought was the appropriate sentence.

Crown attorney Rich Lonstrup suggested a sentence of 30 months for the charge of making child pornography and 12 to 18 months for the charge of voyeurism, totalling three and a half to four years.

On March 7, 2022, before the victim was about to take a shower, she noticed her stepfather’s phone propped up in a standing laundry basket filming her, Lonstrup said.

While she hadn’t undressed yet on this occasion, Lonstrup said she found three videos on his phone that showed her nude.

Lonstrup said the aggravating factors in this matter are “plentiful,” including that the accused was in a position of trust.

“He was in a trust position as a caregiver, as a stepfather and as an individual that had opportunities and access to this house that literally no one else would have had as an offender,” Lonstrup said.

There was also an aspect of premeditation, he said, adding that it would have taken some effort to get the right viewpoint. He said this is emphasized by the fact that it wasn’t his first time recording her.

The impact on the victims in this case is overwhelming, Lonstrup said. The victim, her sister and their mother read their victim impact statements to the court.

The victim said ever since that day, when she’s using public restrooms, friends’ washrooms or even her own, she checks the “crevices and corners” to make sure she’s safe.

“I will always have that fear in my mind because of you. I will always go through moments of panic that I can’t control,” she said. “I watched my family fall apart … It completely destroyed me.”

Her mother broke down in tears as she explained how she lost her husband, her two children lost their dad, and soon after, her children lost her.

“I became so absent — physically, mentally and emotionally. I spiralled,” she said. “I had such a hard time wrapping my head around how someone I loved and trusted could cause such chaos, hurt and betrayal.”

She said she had to watch her daughter be scared to go into the bathroom and eventually had to redecorate it to make her feel safe.

The victim’s sister said she doesn’t remember what it’s like to be “normal” and that after the incident, she was angry and in denial.

“All I wanted to do was protect my little sister … but at the same time, I couldn’t understand how someone so close to us could possibly inflict this much pain and hardship,” she said. “I was conflicted between my sister and the man who was like a father to me.”

Lonstrup cited several cases of a similar nature and their sentencing outcomes to support his submission.

Defence lawyer Jonathan Richert asked the court to consider a conditional sentence — essentially house arrest — of less than two years. He suggested 12-18 months for the charge of making child pornography and six months for the charge of voyeurism.

He pointed out that his client had no criminal record and said he was a victim of childhood sexual abuse by a family member.

“Details are scant … His own memory or recall of these events may not permit him to provide more details, because, as we are all aware, one psychological defence mechanism we have as human beings is to sometimes block out these memories,” Richert said.

He said statistics show that victims of childhood sexual abuse are more likely to be perpetrators in the future. It’s not an excuse, but it provides the court with some insight.

Richert said the accused was the common-law partner of the victim’s mother for 13 or 14 years, and aside from his two former stepchildren, he shares two biological children with her.

“He hasn’t seen any of these children or … his ex-partner for the past three years. He was completely cut off from any family,” Richert said, adding that it was a natural consequence of his own actions.

Richert said it’s mitigating that he pleaded guilty to the charges, and with that he will face social consequences.

He said the accused is open to seeking help to understand why he committed the offence in the first place.

Richert said the range of sentences for these charges is much lower than what the Crown is suggesting and that a conditional sentence would be appropriate.

“There are forms of punishment outside of what the court is going to do here that (he) has been suffering for the past three years and will continue to suffer,” he said.

He called the victims’ statements “heartbreaking” and said while he didn’t want to compare the severity of suffering, the accused is a victim of the results of his own behaviour, which he most likely will face for the rest of his life.

Lonstrup argued that those are natural consequences of his offences.

The accused’s next court appearance will be in October to set a date to receive his sentence.

» sanderson@brandonsun.com