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CONVICTED: Was justice served?
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When you vote, you are voting on whether or not the punishment fit the crime, NOT on the severity of the case itself. If you feel the sentence was very weak, you would vote 1 star. If you feel the sentence was very strong, you would vote 5 stars.
Please vote honestly and realistically. These ratings will be used a a tool for many future programs, including a "Peoples Choice" of best and worst sentencing, DA and judge "report cards", and more. Try to resist the temptation to vote 1 star on every case, even if you feel that 100 years in prison isnt enough.
Thursday, Jul 31, 2003
In August 2003, a 15 year old girl was hired by a neighbour in her apartment building to look after her pit bull terrier while she went away to the west coast, and left her explicit instructions not to bring any other person into the apartment. The police report is three pages long. And it is graphic.
It has the girl attending the apartment to feed the pit bull, and taking along the 12-year-old "victim" who also lived in the same building. They were sitting on the couch when the dog climbed up and began "humping" the boy. Both, according to the report, thought it was "funny."
"We need to get rid of his horniness," the girl reportedly said, and then instructed the boy to get down on the floor on his hands and knees where she then forcibly pulled down his pants and underwear, and put the pit bull in position. The boy told her to stop -- that it was "no longer funny." But it wasn't about to stop.
"The victim began crying in pain," reads the police report. "After about 10-15 seconds of the dog penetrating the victim, the accused began hitting the dog on the head to break him off. The accused instructed the victim not to tell."
Back at his own apartment, the boy initially told his mother that his "puffy" face -- swollen from crying -- was the result of banging his head on a shelf. After he went to the bathroom and discovered he was bleeding, however, he let the entire story spill out, including showing her the scratches on his back that were consistent with claw marks.
According to the police, the boy's mother confronted the girl, but did not immediately report it to the police because she feared the girl was not only a bully, but a member of a gang in that end of Scarborough. It was only after a social worker at the boy's school called the mother to discuss her son's increasingly bad behaviour did the mother disclose the events of that summer. The social worker, in turn, called Children's Aid who, in turn, called the cops.
The girl was originally charged with three criminal counts, one for compelling bestiality, one for bestiality on a person under the age of 14, and another for sexual assault.
The last two charges were withdrawn when the girl pleaded guilty to the first count. During the sentencing, Judge Robertson said that, despite the Crown's prosecutor's use of the words such as "repugnant" and "perverted," he could find "no evidence before him that the physical injuries (to the boy) were anything more than transient in nature."
He also said he "would not equate this offence with one of incest or a serious sexual assault" that would result in "psychological damage far in excess of the physical nature." "The offence before me was spontaneous, lasting about 10, 15 seconds," said the judge. "It started as an ill-advised joke between friends."