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CHARLOTTETOWN, P.E.I. — A Cornwall, P.E.I., man convicted of sexual interference involving an underaged teenage lady will serve his sentence in a provincial facility.
Joshua Jay Fall, 22, beforehand pleaded responsible in P.E.I. Supreme Courtroom to the indictable offence of sexual interference for touching an individual below the age of 16 for a sexual objective. The sexual offences occurred 4 occasions from June 30 to Oct. 24, 2021.
A publication ban is in place stopping the discharge of knowledge that would establish the feminine sufferer.
Crown lawyer Lisa Goulden sought a federal penitentiary sentence of three to 5 years whereas Fall’s lawyer Conor Mullin requested a shorter 12-15-month provincial jail sentence for the offence.
At sentencing on Dec. 13, Chief Justice Tracey Clements determined that given the circumstances, a match and applicable sentence was two years much less a day (729 days) to be served at a provincial facility.
On Oct. 26, 2021, the RCMP obtained a grievance a couple of attainable sexual assault involving Fall and the lady, in response to an agreed assertion of information. Police then realized about rumours on the lady’s faculty of a attainable sexual relationship between her and Fall.
The lady denied figuring out Fall when talking to police on Oct. 27, 2021. Nonetheless, police accessed her cellphone and noticed Fall’s cellphone quantity as a contact. The lady spoke to her mom after which advised police in regards to the sexual offences. She mentioned that she first contacted Fall on social media, and at the moment, she knew he was 21 years previous and he knew she was 14.
Fall was arrested the next day on Oct. 28, 2021. He admitted to police in regards to the 4 sexual incidents with the lady, together with intercourse, at his residence. He mentioned he did not know she was 14 earlier than the primary encounter however was conscious of her true age previous to the three subsequent incidents. He additionally advised police that the lady initiated the sexual encounters and that he did not drive her to have intercourse.
The day earlier than the RCMP obtained the nameless tip, Fall texted the lady and says they need to “preserve issues low for a bit” given the rumours at her faculty.
Clements famous that although Fall did not overtly threaten or drive the lady to take part within the sexual exercise, the offence of sexual interference is “inherently violent”. As nicely, the age of consent in Canada is 16, which implies the sufferer couldn’t legally comply with sexual exercise with Fall.
Fall is a graduate of Holland Faculty and briefly attended UPEI. He has additionally labored in sports-related actions, together with teaching, administration, advertising and communications. Fall didn’t have a previous felony report.
Clements recounted feedback made by the lady and her mom in sufferer affect statements filed with the courtroom. The lady wrote that she feels self-blame, embarrassment and being “taken benefit of, used and manipulated”. The lady’s mom has skilled shock, trauma, grief and unhappiness on account of the offences, mentioned Clements.
Along with jail time, Fall was additionally sentenced to a few years of probation, 100 hours of neighborhood service, a weapons prohibition, and a $200 sufferer surcharge. As a part of his probation, Fall is prohibited from working or volunteering in a supervisory, administration or management place with folks below the age of 16. Fall can also be not allowed to have any contact with the feminine sufferer or her mom until licensed by a probation officer. Fall’s sentence additionally contains being positioned on the intercourse offender info registry for 20 years and ordered to offer a pattern of his DNA to the nationwide databank.
Terrence McEachern is a justice reporter with the SaltWire Community in Prince Edward Island. He could be reached by e-mail at [email protected] and could be adopted on Twitter @terry_mcn.