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Sexual assault left teenage victim ‘permanently traumatised’: ‘I will never forgive you’
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Sexual assault left teenage victim ‘permanently traumatised’: ‘I will never forgive you’

The Crown and defense lawyer Bruce Willson jointly recommended a conditional sentence of two years less a day to be served in the community, followed by 24 months’ probation.

A local man admitted last week to sexually assaulting a teenage girl two years ago.

Austen Marshall, 28, pleaded guilty to touching a young person under the age of 16 for sexual purposes during his appearance at a Sault Ste. Marie courtroom.

The assault took place in the spring of 2022, Superior Court Judge Michael Varpio heard on October 23.

A publication ban prohibits the communication of information that could identify the victim.

The accused had sex with the girl three or four times and knew she was 15, said assistant Crown attorney Adrianna Mucciarelli.

In an emotional victim impact statement that the teen read to the court, the girl told Marshall that what he did “left me with permanent trauma” and “I will never forgive you.”

The Crown and defense lawyer Bruce Willson jointly recommended a conditional sentence of two years less a day to be served in the community, followed by 24 months’ probation.

Marshall has no criminal record and pleaded guilty, which is mitigating, Mucciarelli told the judge.

There are also aggravating factors, including the number of times he assaulted the girl, she said, noting that the court could see the impact of his actions on the victim, who was a child.

“I’m really sorry,” Marshall responded when asked if he wanted to say anything before being sentenced.

Denunciation and deterrence play a key role in sentencing crimes against young people, who are vulnerable, Varpio said.

The accused pleaded guilty to having sexual relations with a person who was not yet 16 years old and this involvement caused her trauma.

Marshall’s plea is not early, but it prevented the victim from having to testify at trial, which is emotionally very difficult, the judge said.

Noting that the attorneys’ proposed sentence sends the message that you cannot engage in sexual activity with young people, Varpio agreed with their argument.

During the first 12 months of his suspended sentence, Marshall will be under house arrest.

He must remain in his residence at all times and may only leave for employment, counseling and medical emergencies.

In addition, he is authorized to go out on Saturdays from noon to 5 p.m. to obtain the necessities of life.

He cannot possess weapons, alcohol or other intoxicants.

In the second year, Marshall will impose a curfew from 10 p.m. to 6 a.m.

He cannot have any communication with the victim and cannot be within 50 meters of any location where she may be.

In addition, he is prohibited from attending any park, playground, school, arena, community center and any place where a person under the age of 16 may be present.

Once Marshall has served the custodial portion of his sentence, he will be on probation for two years with conditions including no contact with the complainant.

He must follow all recommended assessments, counseling and rehabilitation programs.

Varpio also imposed a 10-year weapons ban and ordered him to provide a DNA sample.

Marshall is required to report to authorities under the Sex Offender Information Registration Act for 20 years.

He is also banned from having any contact with the victim for 10 years.