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Sexual assault left teenage victim 'permanently traumatized': 'I will never forgive you'

The Crown and defence 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
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The Sault Ste. Marie Court House is pictured on July 21, 2022.

A local man admitted last week that he sexually assaulted a teenaged girl two years ago.

Austen Marshall, 28, pleaded guilty to touching a young person under the age of 16 for a sexual purpose when he appeared in a Sault Ste. Marie courtroom.

The assault occurred in the spring of 2022, Superior Court Justice Michael Varpio heard on Oct. 23.

A publication ban prohibits reporting information that identifies the victim.

The accused had intercourse with the girl on three to four occasions, and knew she was 15, assistant Crown attorney Adrianna Mucciarelli said.

In an emotional victim impact statement that the teen read to the court, the girl told Marshall what he did "has left me permanently traumatized" and "I will never forgive you."

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

"I'm truly sorry," Marshall replied when asked if he wanted to say anything before he was sentenced.

Denunciation and deterrence play a primary role in sentencing for offences against young people, who are vulnerable, Varpio said.

The accused pleaded guilty to having intercourse with a person who was not yet 16, and that involvement caused her trauma.

Marshall's plea isn't an early one but prevented the victim from having to testify at trial, which is emotionally very difficult, the judge said.

Noting the lawyers' proposed sentence sends a message that you can't engage in sexual activity with young people, Varpio agreed to their submission.

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

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

As well, he is permitted to be out on Saturdays from noon until 5 p.m. to obtain the necessities of life.

He can't possess weapons, alcohol, or other intoxicating substances.

During the second year, Marshall will have a 10 p.m. to 6 a.m. curfew.

He can have no communication with the victim and can't be within 50 metres of any place where she may be.

As well, he is prohibited from attending any park, playground, school, arena, community centre and any place where a person under the age of 16 may be.

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

He must take any recommended assessments, counselling and rehabilitative programs.

Varpio also imposed a 10-year weapons prohibition 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 also is prohibited from having any contact with the victim for 10 years.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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