Justice Watch: Judge Anne Molloy rejects mandatory prison term for incest, sentences child sex offender to house arrest

Subhead: Ontario Superior Court Justice Anne Molloy ruled that a five-year mandatory prison sentence would amount to cruel and unusual punishment for a man with an intellectual disability, instead ordering two years less a day of house arrest for a man convicted of repeatedly sexually assaulting his younger sister beginning when she was 12.# A 26-year-old man was convicted of two counts of incest and one count of sexual assault after repeatedly abusing his biological sister over a four-year period beginning when she was just 12 years old. According to the agreed statement of facts cited in the June 3 decision , the abuse continued after D.C. turned 18, while his sister was still only 14. The assaults included penetrative intercourse, sometimes without a condom. Court evidence showed the victim repeatedly told her brother to stop because she was in pain. In one particularly disturbing piece of evidence, the victim secretly recorded one of the assaults. “On the recording, the complainant can be heard telling D.C. she was in pain and also telling him to stop,” Justice Molloy wrote. “She referred to him ‘just forcing it in.’ It is clear that D.C. heard these protests and that he nevertheless continued, if anything, with increased intensity.” The victim eventually disclosed the abuse to her high school guidance counsellor in 2022, telling the counsellor her brother had been sexually assaulting her for years. Police were then contacted, leading to the criminal charges.