Y. Sidky Butler

The offender, a 53-year-old biological father, was convicted of multiple offences including incest, sexual assault causing bodily harm, and making child pornography against his 15-to-17-year-old daughter.

The abuse resulted in the daughter giving birth to a child fathered by the offender.

The court found numerous aggravating factors, including the breach of trust, the resulting pregnancy, and the offender's lack of remorse and attempts to blame his son.

The court sentenced the offender to a total of 12 years in a federal penitentiary, emphasizing denunciation, deterrence, and the separation of the offender from society.

Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault causing bodily harm, sexual exploitation, incest, making child pornography, possession of child pornography, and threatening bodily harm arising from prolonged sexual abuse of his daughter between ages 15 and 17.

The court relied heavily on expert DNA evidence establishing that the accused was the biological father of the complainant’s child and rejected speculative alternative theories.

The court also accepted expert cellphone extraction evidence proving that sexually explicit photographs of the complainant were made and stored on the accused’s phone.

Applying the W.(D.) credibility framework and Villaroman principles for circumstantial evidence, the court found the complainant credible, rejected the accused’s denials, and entered convictions on all counts.