Crown recommends 4-5 years in custody for sex assault

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This article was published 01/07/2025 (268 days ago), so information in it may no longer be current.

A man found guilty of sexually assaulting a woman five years ago will wait to hear his sentence after a Brandon judge reserved his decision.

Justice Scott Abel found Jan Robin Dyck, 24, guilty of sexual assault after he pleaded not guilty, bringing the matter to trial.

On Monday in Brandon Court of King’s Bench, the lawyers submitted what they thought would be an appropriate sentence.

Crown attorney Caroline Lacey asked the court to consider a four- to five-year period of custody followed by probation, and she listed the aggravating factors.

Lacey described the offence as a “major sexual assault” because, according to the victim’s testimony, there was non-consensual vaginal penetration. She also said that from the Crown’s perspective, there was a use of force.

“The victim described (how) she was trying to get out of the truck, so out of the back seat,” she said. “She went over the console to try and she was pulled back. And furthermore, when the actual assault was happening, it was her evidence that she was held down by her arms.”

Lacey read out the victim’s impact statement, which included point-form lists of words and phrases that represented the impact the sexual assault had on her.

“Broken, sad, disgusted, fear of the public, unable to be close to men, heavy drinking,” it read. “Dark spiral into addiction, unable to trust men, feeling dirty. I wanted to tear the skin from my bones. Severe depression and therapy.”

The victim ended her statement with, “All it took was one night. He ruined me. No means no.”

Lacey said the victim is “suffering from depression, abusing Xanax, meth, alcohol, missing work and has gotten herself in trouble with the criminal justice system from those psychological impacts.”

She said it’s a mitigating factor that Dyck was considered a “youthful offender,” being 19 at the time of the offence. However, she said this factor should hold less weight since he had multiple letters of support describing him as a disciplined person capable of controlling his impulses.

Lacey added that she didn’t necessarily think the assault was a moment of impulse since there were multiple times he could have stopped, including when she tried to leave.

Defence lawyer Neil Steen introduced Justice Abel to the gallery, which was filled with family and friends who came to support Dyck.

“He is a first-time offender. He is very active in the church. He is beloved by his family and his community,” Steen said. “He is here today being sentenced for a very serious sexual offending. He understands this.”

Steen asked the court to consider a two-year conditional sentence — essentially house arrest — followed by probation.

“That recommendation is based on the fact that this is someone who … is a low risk to re-offend. His prospects going forward are good,” Steen said.

He said a conditional sentence can still emphasize the sentencing objectives of denunciation and deterrence.

Steen said Dyck moved from Germany to Winnipeg in 2007 and is now a permanent resident. He said if he’s convicted of a crime such as sexual assault, he will be liable to deportation, which he said is a “huge” consequence for him and his family.

Steen said his family was surprised by the charges but have stood by his side in support. He said his wife of roughly three years has also stuck by him since the day he was arrested.

In a letter of reference, she described him as a selfless family man who is eager to help. She said they plan to have children but have held off in light of his arrest.

“This is real, actual good character. He’s a valued member … of the community,” Steen said.

In the pre-sentence report, Steen said, the author said Dyck continued to excuse his behaviour because he was ignorant of the concept of verbal consent. He said it was unfair to focus on what he didn’t know, and that it’s not surprising that a 19-year-old had difficulty grasping the concept of consent.

He said the pre-sentence report also said sexual education wasn’t discussed in the family other than not to have intercourse before marriage.

“In terms of his attitude, he is sincerely hopeful for (the victim). He’s expressed remorse. He’s apologized. He’ll apologize again. He’s obtained insight, worked and learning to understand the law of consent,” Steen said.

When Dyck was given a chance to speak, he said that through his case, the importance of consent has become clear to him.

“I understand the hurt that has been caused by this case and truly wish no harm on the victim. I wish the best for her and hope that she can thrive going forward,” he said. “I now understand how important all of this is.”

Abel will deliver his decision in September.

» sanderson@brandonsun.com