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

House arrest for Vernon physiotherapist guilty of sexual assault

Stephen Witvoet to serve 18-month conditional sentencing following July 8 hearing

Kelowna woman fights off nighttime intruder

Kelowna RCMP are investigating a break-and-enter on Richter Street

Morning Start: Naps could save your life

Your morning start for Wednesday, July 9, 2020

Building to begin on Okanagan Rail Trail washroom

Project starts Monday, July 13, in Coldstream between Westkal Road and Kickwillie Loop

Ex-Vernon Mountie forfeits 20 days’ pay after sexual misconduct review

A former Vernon RCMP constable made sexual comments, grabbed genitals of male officer in two incidents 10 years ago

Canadian policing organization calls for decriminalization of simple illicit drug possession

Canadian Association of Chiefs of Police want policing focus of opioid crisis to be replaced with a health one

Hefty undeclared driver charges piling up, ICBC warns customers

Average extra penalty $2,971 after an at-fault accident

Kootnekoff: B.C. Supreme Court rules clause in Uber’s contract is invalid

Susan Kootnekoff is the founder of Inspire Law, her diverse legal career spans over 20 years.

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

Pure magic: live performances revived in Revelstoke

Revelstoke Arts Council hosting Guerrilla Gigs on Wednesdays all summer long

Penticton photographer publishes book showcasing resilience of Okanagan people

Okanagan Strong showcases the bravery of many during crisis; from COVID-19, to floods, and fires

Summerland steam train to begin operations

Reduced schedule, physical distancing planned for Kettle Valley Steam Railway beginning July 18

B.C. appeals judge’s decision to leave three clubhouses in Hells Angels hands

The province has filed two notices of appeal related to the B.C. Supreme Court decision

Kelowna woman shares story of alleged dog attack

Resident Yuli Lavigne alleges the incident happened on Monday, July 6

Most Read