The accused was sentenced for sexual assault of a 10-year-old with Down Syndrome, child pornography possession, and probation breach. He received an 8-year sentence and 10-year Long-Term Supervision Order, his high risk was deemed manageable with treatment.
In R. v. Betchuk, 2021 ABPC 197, the accused pleaded guilty to three offences: sexual assault, possession of child pornography, and breaching a section 161 prohibition order.
The sexual assault occurred while the accused was babysitting a 10-year-old girl with Down Syndrome. The child pornography conviction arose from 27 images and 34 videos, depicting various sexual abuses of children, found on his phone after he actively searched for such content online. The breach involved him seeking and obtaining childcare employment despite a clear prohibition order against contact with children under 16. The Court identified several aggravating factors, including the accused’s abuse of a position of trust, the victim’s vulnerability due to age and Down Syndrome, and the significant impact on the victim and her family.
The Crown sought a dangerous offender designation, but the Court declined this, concluding that the accused’s conduct was treatable and manageable with proper intervention. Instead, he was designated a long-term offender, acknowledging a substantial reoffending risk but also a reasonable possibility of eventual control in the community. A global sentence of 8 years was imposed: 3.5 years for sexual assault, 2.5 years consecutive for child pornography, and 2.0 years consecutive for the breach of the prohibition order to be followed by a 10-year Long-Term Supervision Order. The Court emphasized the necessity of consistent future treatment, including high-intensity programming and medication, and strict supervision to manage his risk.
