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Northern Alberta youth given conditional discharge for sex assault in classroom

Judge said youth’s offence was at 'very low range of seriousness,' and he had 'positive prospects' for rehabilitation.
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A youth who was found guilty of sexual assault against another student in a Westlock school was given a conditional discharge following 18 months of probation.

During the sentencing hearing in Westlock Court of Justice on Oct. 9 Justice Thomas Achtymichuk noted that the youth’s offence was at the “very low range of seriousness,” and the youth had “positive prospects” for rehabilitation.

Achtymichuk said the youth was 13 at the time of the offence and not expected to have insight into how much harm he was causing.

“There is no indication this will happen again,” said Achtymichuk, adding that the pre-sentence report didn’t indicate any personality or behaviour disorders.

In July court heard that the youth, who can’t be identified due to the Youth Criminal Justice Act, was 13 at the time of the sexual assault last year.

The incident had occurred in a darkened classroom after the teacher left the room. The youth touched a 12-year-old girl’s thigh and groped her genitals.

The girl, who also can’t be identified due to a court-ordered publication ban, had testified that she kept pushing his hand away from her and telling him not to touch her but he had persisted.

The youth was ordered to provide his DNA to the National DNA Data Bank, as well undergo counselling on consent and healthy relationships.

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