Warning: This story contains details related to sexual abuse.

A Nanaimo man found guilty of sexually abusing his young children has failed to have his conviction overturned.

A provincial court judge found the man, who cannot be named due to a publication ban, guilty in 2021 of two counts of sexually touching a person under 16 and one count of encouraging a person under 16 to touch a part of his body.

The offences were against his two sons, occurring between 2013 and 2016. The boys were six and eight years old in 2018 when they made the revelation to their mother, the ruling said. While being interviewed by police, the boys stated the man B次元官网网址渟queezed [their] genitals,B次元官网网址� noted the ruling, and the younger son detailed how he was asked to touch the manB次元官网网址檚 genitals.

The interviews, recorded and used as evidence, involved an officer employing the B次元官网网址榮tep-wise methodB次元官网网址� while talking with the children B次元官网网址渢o obtain information without traumatizing the child giving the statement and to achieve good quality and quantity of the information in order to protect the integrity of the process.B次元官网网址�

In 2019, the younger son told his mother about other sexual touching incidents and the boys were subsequently B次元官网网址渞e-interviewed by the same police officer,B次元官网网址� court documents stated. Many details related to time and facts varied from those given in the initial statement.

During the trial, defence counsel pointed out the inconsistencies between the childrenB次元官网网址檚 statements. However, Crown counsel argued that the children had B次元官网网址渦nderstandablyB次元官网网址� relayed what had occurred incrementally, giving more details after B次元官网网址渢hey had time and support to enable them to process their experiences.B次元官网网址� Given their age, it shouldnB次元官网网址檛 have come as a shock that inconsistencies would arise in some of the surrounding details, stated the court documents. Ultimately, the evidence was accepted by the judge, who found the case had been proven B次元官网网址渂eyond a reasonable doubt.B次元官网网址�

In his appeal, the man said a mistake was made as the judge B次元官网网址渋mpermissiblyB次元官网网址� relied on his failure to explain why the children would lie about the events B次元官网网址渁s a reason why his testimony was rejected.B次元官网网址� This led to the shifting of the burden of proof to the man B次元官网网址渢o show why [his children] were lying.B次元官网网址�

A panel consisting of justices John Hunter, Mary Saunders and Lauri Ann Fenlon disagreed.

As the judge mentioned B次元官网网址渢he totality of evidenceB次元官网网址� in the ruling, there was nothing suggesting the children had reason to lie, Hunter said in the decision.

B次元官网网址淭he judge also stated that there was no such suggestion B次元官网网址榖y either parent.B次元官网网址� Finally, the judge stated that there was no suggestion by the appellant that the children had a motive to lie,B次元官网网址� the appeal court noted, adding that the provincial court judge recognized that B次元官网网址渋nconsistencies in detail do not necessarily mean that [the children] have misconceived what happened to them and who did it.B次元官网网址�

The man was previously charged and sentenced to three years for taking naked pictures of a girl in an unrelated case.

The appeal was heard in Vancouver on March 8, with the judgment being rendered Nov. 2.

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