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Sentencing adjourned for Cornwall, P.E.I. man who sexually assaulted teenage girl

CHARLOTTETOWN, P.E.I. — A federal jail sentence of three to 5 years has been beneficial for a Cornwall man convicted of sexually assaulting a 14-year-old lady.

That sentence suggestion was introduced on Oct. 17 in P.E.I. Supreme Courtroom by Crown legal professional Lisa Goulden within the matter of Joshua Jay Fall. Goulden additionally beneficial that Fall’s sentence embrace him being positioned on the nationwide intercourse offender registry for 20 years.

Fall, 22, pleaded responsible on July 14 to the cost of sexual interference for touching the lady for a sexual objective on 4 events through the summer season of 2021.

A publication ban is in place stopping the discharge of data that might determine the feminine sufferer.

Rumours on the sufferer’s faculty

Studying from an agreed assertion of information, Goulden informed the court docket that on Oct. 26, 2021, the Queens District RCMP acquired an nameless grievance a few doable sexual assault involving Fall, then 21, and the teenage lady. Police then discovered about rumours on the lady’s faculty of a doable sexual relationship between her and Fall.

When the lady spoke to police on Oct. 27, she denied having sexual contact with Fall and even understanding him. Nonetheless, the police accessed her telephone and noticed Fall’s telephone quantity as a contact. After talking along with her mom, the lady informed police about 4 sexual incidents with Fall. She stated she first met Fall on social media. On the time of the sexual offences, the lady stated she knew Fall was 21 years previous and that he knew she was 14.

Fall arrested

Fall was arrested on Oct. 28. In a press release to police, he admitted to sexual exercise with the lady, together with intercourse, 4 occasions at his residence between June 30 and Oct. 24, 2021. Fall stated he did not know she was 14 on the time of their first sexual encounter however solely discovered of her precise age previous to the three different incidents. Fall additionally informed police that the lady initiated the sexual encounters and that he did not drive her to have intercourse.

Textual content messages between Fall and the lady additionally present that she initiated the sexual incidents. And the day earlier than the RCMP responded to the grievance, Fall texted the lady in regards to the rumours and stated they need to “hold issues low for a bit.” Different textual content messages concerned the lady asking Fall to purchase her cigarettes, alcohol and hashish.

‘He knew higher’

A pre-sentence report outlining Fall’s background and circumstances was ready to help the court docket. Goulden stated that what was missing within the report was an evidence as to why Fall dedicated the offences. She stated that with out a solution to the “why” query, assessing Fall’s potential for rehabilitation and threat to reoffend was tough.

Goulden additionally famous that on three events, Fall admitted to understanding how previous she was when committing the sexual offences. And it was solely when Fall grew to become conscious of rumours on the lady’s faculty that he put an finish to it, which “demonstrates his information of the ethical wrongfulness of the behaviour,” stated Goulden.

“He knew higher.”

Each the lady and her mom filed sufferer affect statements with the court docket.

‘Satisfying his sexual urges’

Defence lawyer Conor Mullin beneficial a shorter sentence of 12 to fifteen months in jail for the offences. Mullin famous that Fall didn’t have a previous legal report, and he has the potential for rehabilitation. As properly, Mullin stated Fall doesn’t have a historical past of “age-inappropriate” sights or urges. That historical past contains Fall teaching kids with no incidents throughout these experiences.

Mullin then described his shopper’s actions as a “one-off scenario” and out of character. By way of the “why” Fall dedicated the offences, Mullin stated he was “satisfying his sexual urges” with any individual who introduced herself in a mature and grownup approach as a “keen sexual companion.”

“Are you referring to the sufferer?” requested Chief Justice Tracey Clements.

“Right,” replied Mullin.

In contrast, Goulden argued that Fall was responsible of “adultizing” the lady by their communications, which gave her the phantasm that she was an equal with him and will legally consent to the sexual exercise. The age of consent in Canada is 16, which implies the sufferer couldn’t legally conform to sexual exercise with Fall.

Clements adjourned sentencing to Dec. 13.


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.



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