Court hears impact on boy in grandmother assault case

A mother described having to help her 12-year-old son understand that he’s not responsible for the harm he has endured after his grandmother was found guilty of assault by putting her hands down his pants more than once.

The woman’s victim impact statement that was written on behalf of her son was read in Brandon’s Court of King’s Bench by Crown attorney Reid Girard on Thursday during a sentencing hearing for the accused.

“Almost four years ago, my child disclosed to me what had been happening. They were scared, overwhelmed, angry and confused,” said Girard, reading from the woman’s statement.

The 51-year-old grandmother, who was charged with two counts of sexual assault, was found guilty on a lesser charge of assault and was acquitted on the other count in relation to allegations the woman had also abused her nine-year-old granddaughter.

A publication ban protecting the children’s identities prevents the Sun from naming the accused.

The accused pleaded not guilty to both sexual assault charges during a two-day trial in spring, involving testimony from the accused’s daughter and the children who alleged they were touched in a sexual way between August 2019 and December 2021 while they watched TV in their grandmother’s bedroom.

Justice Sandra Zinchuk found the allegations involving the boy weren’t sexual in nature, but the accused didn’t ask for his consent prior to touching his bare buttocks, which resulted in the assault conviction.

The boy’s mother said her son, who was between the ages of five and seven at the time, knew what was happening was wrong, but he didn’t know how to disclose the incidents to his parents.

“Over the past several years, our family has spent hundreds of hours in counselling,” the mother’s statement said.

“As a parent, one of the most heartbreaking things I have experienced is seeing my child turn away or become frightened when we try to show them affection.”

Her son’s ability to trust others and feel safe has been deeply affected, Girard said.

The woman described how her family has lived in fear of seeing the grandmother in their rural town in southwestern Manitoba and now travel “significant distances” to avoid the possibility of running into her at public events.

During the trial, parts of a recorded interview between the boy and a child advocate at the Toba Centre for Children and Youth in Winnipeg were played in court.

In the interview, the boy — who was eight years old at the time — said his grandmother had touched his butt “more than one time” and then would smell her hand after.

In one instance, the grandmother started “rubbing” when she put her hands down his pants and then called him “stinky.”

The boy said he also saw his grandmother touch his sister twice when they stayed overnight for a sleepover.

The girl testified that her grandmother had touched her more than once in the “front and back” of her body, specifically the part where “pee comes out,” when she was between the ages of two and four.

During the sentencing hearing, the Crown said the woman’s behaviour was intentional and unacceptable.

“This is a private area on a child’s body, and the non-consensual touching of this part of the body represents a violation of the child’s personal autonomy and privacy,” Girard said.

He suggested the accused face a six-month conditional sentence, followed by two years of unsupervised probation with conditions, including no contact with the children and their mother, and not to go within 100 metres of their home, work, school or place of worship.

He suggested an additional condition that would prohibit her from working or volunteering in a position of trust or authority over a person under 18 years as a form of “risk management” to the community.

The court received several letters of support from people who know the accused. These letters were not read aloud by the accused’s lawyer or the judge.

“This is someone who’s generally well behaved in the community and appears to be someone who is well liked,” Girard said, adding that she has no criminal record and was assessed of being a low risk to reoffend.

For these reasons, the Crown believed it was fair to suggest a sentence of house arrest.

Defence lawyer Anthony Dawson recommended that the accused receive 12-18 months of supervised probation with conditions, including to attend counselling as directed.

He argued against one of the conditions suggested by the Crown, which is typically suggested for people convicted of sexual offences. He said it wasn’t appropriate to impose the condition in this circumstance.

Dawson said his client has been harassed online and in person since the allegations were made and that it has been a “rather difficult time for her in the community.”

“Despite this, she is also seeing a lot of support from the community, as we’ve seen from … the pre-sentence report as well as the various letters that have been filed,” he said.

“These are all comments from friends, family and her employer attesting to (the woman’s) good character, contesting to how supportive of a friend she is, how trusted she is by those who know her.”

The judge reserved her sentencing decision. The matter will next appear in court on Nov. 9 to set a date for the decision to be delivered.

» tadamski@brandonsun.com