Calgary Man’s Sentence Reduced for Sexual Assault of Minor

A man from Calgary, identified only as RJM, received a reduced sentence for sexually assaulting a 12-year-old girl, referred to as AB. A judge in the Alberta Court of Justice decreased the expected ten-year sentence to eight years in prison, citing the offender’s Indigenous heritage as a factor in his decision.

The incidents occurred between the spring and fall of 2023, during which RJM repeatedly assaulted AB and issued threats against her life. In his ruling, Justice Jayme Williams acknowledged the severity of RJM’s actions, stating that he had exercised power over AB due to their age difference and the physical and psychological harm he inflicted.

RJM, who is of Cree descent on his mother’s side, had met AB through Instagram. Following an initial meeting, they began to meet almost daily, engaging in sexual acts. Justice Williams noted that RJM was aware of AB’s age but chose to continue the relationship. The offender’s defense team had recommended a six-year sentence, while the prosecution sought ten years.

The judge referenced Gladue principles, established by a Supreme Court of Canada ruling, which require judges to consider the unique circumstances of Indigenous offenders. In his decision dated September 15, 2023, Williams stated, “But for his Gladue factors, I would have imposed the sentence sought by the Crown.”

RJM’s background was a significant factor in the judge’s decision. The court heard that RJM had experienced severe poverty, homelessness, and addiction issues throughout his life. He was taken from his family as a child and placed in a foster care system where he faced abuse and separation from his siblings. Justice Williams described RJM as living in a “state of fight versus flight,” a direct reflection of his traumatic experiences.

Details of the assaults were harrowing. The court revealed that RJM had physically assaulted AB, dragging her by the hair and striking her with objects. He threatened both her and her mother with violence, including a bomb threat against her mother’s vehicle. These threats escalated as he sought to control AB and prevent her from reporting him to the authorities.

After a series of increasingly aggressive interactions, AB’s friends contacted the Calgary Police Service on September 11, 2023, prompting an investigation into RJM’s threatening text messages. Following a police pursuit that exceeded speeds of 140 km/h, RJM was apprehended. At the time of his arrest, police discovered a folder in his belongings detailing explosive-making techniques, along with various weapons in his vehicle.

While in custody, RJM attempted to contact AB multiple times, violating court orders meant to protect her. Justice Williams characterized RJM’s relationship with AB as intentional and predatory, emphasizing that it was not a lapse in judgment but a continued pattern of behavior that worsened upon learning of her true age.

The court’s ruling highlighted the gravity of RJM’s offenses, stating, “The gravity of any major sexual assault against a child is high, but the gravity of these specific offenses is higher than most.” The judge expressed concerns about the long-term psychological impact on AB, noting that while the physical effects might be temporary, the emotional scars could last a lifetime.

This case raises significant questions about the justice system’s approach to sentencing and the considerations given to Indigenous offenders. The decision has sparked discussions regarding the balance between acknowledging systemic issues and ensuring justice for victims of crime.