Police found 129 images and eight videos which met the definition of child porn on a laptop seized from the man. (File)

Convicted child rapist loses sentence appeal in Kelowna

The man was sentenced to seven years in prison in December 2016

A man convicted of raping a child and producing child porn lost his sentencing appeal in Kelowna court.

According to a Nov. 19 judgment from the B.C. Court of Appeals, the man pleaded guilty to sexual interference of a child under 16 and making child pornography in February 2015. In December 2016, he was sentenced to seven years in prison, serving consecutive sentences of five years for sexual interference and two for making child pornography.

The man is only identified as S.C.W. in the documents, due to a publication ban that protects any information that could potentially identify the victims.

The man was 43 years old at the time of the 2012 arrest in which he was caught by police in the act of sexually violating a 12-year-old.

On S.C.W.’s laptop and camera, police found 129 images and eight videos of the child which met the definition of child pornography.

“The videos must be experienced to fully understand the full measure of the crushing depravity of the acts,” said Justice Mark Takahashi the 2016 sentencing. “They were witness to the psychological dismemberment and decapitation of the sexual being of a pre-adolescent child.

“Breathless in their brutality, there are no words to describe the despair one felt for the child or the loathing for [the appellant], except a deep and abiding sadness.”

At the time of arrest, the abuse had been taking place for more than a year and S.C.W. had been in a position of trust with the child for more than five years.

S.C.W. sought the appeal on grounds that he believed the sentencing judge erred in principle in rejecting a psychological risk assessment that concluded he posed a low risk of re-offending and considering his victim’s young age as an aggravating factor.

In the judgment, the Court of Appeals found that the judge was under no obligation to accept or give weight to the assessment.

The court also found that the victim’s age was relevant to assessing the vulnerability of the victim and the age difference between the victim and S.C.W. was relevant to assessing his culpability.

“The egregiousness of the sexual offence against a child increases as the age of the child decreases,” said Justice Richard Goepel in his dismissal of the appeal. “Taking into account the age of the victim is an appropriate consideration of the specific facts of the individual offence.”

S.C.W. has remained in custody since his sentencing in 2016.

READ MORE: Former Kelowna-based B.C. Dragoons leader pleads guilty to possession of child porn

READ MORE: Kelowna man sentenced to 18 months probation for filming co-workers in washroom


@michaelrdrguez
michael.rodriguez@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sicamous asks people to use face masks, not police others

Face masks recommended for any indoor public place where physical distancing isn’t possible

Roots and Blues online festival live tonight on Black Press Media

Tune in to Black Press Media to watch the festival live Aug. 14, 15 and 16

Okanagan COVID-19 case count growth slows

BCCDC data shows a stark contrast between Okanagan-specific numbers released in July and August

North Okanagan-Shuswap school district answers return-to-class questions

School District 83 shares current information ahead of its full safety plan

Okanagan Correctional Centre outbreak due to training session: Interior Health

Interior Health said in a statement the staff members were at an off-site training session

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Fire detected near Wood Lake in Lake Country

A water bomber reportedly took off from Penticton and is on the way to Lake Country

Kelowna man convicted of not paying taxes after turbulent trial

Man claims he doesn’t meet the definition of a ‘person’ under the federal Income Tax Act

Accused in Kelowna’s 2018 Canada Day killing granted bail more than 1.5 years later

Esa Carriere was stabbed to death during the Canada Day fireworks in downtown Kelowna in 2018

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

Two people dead after Highway 1 collision west of Kamloops

Two-vehicle accident closed Trans-Canada Highway for more than five hours

Most Read