The mother of the child who was sexually assaulted by Christopher Duke detailed the trauma her family has experienced in the last three years during sentencing submissions on Monday morning.
Justice Graeme Mitchell found Duke, 52, guilty of sexually assaulting a 12-year-old girl who he knew. The assault occurred July 31, 2019. Duke was convicted in July 2022, nearly three years after the incident.
The victim and her family cannot be identified due to a publication ban.
The woman read out her tearful victim impact statement in front of about 20 people at court. She said she was scared for months after the incident that Duke would show up at her children’s school and take them away.
“I rarely go out with friends anymore as I am scared to leave the kids alone at all,” she read, adding the family has moved twice as a result of her daughter not feeling safe.
She told court she often thinks about the assault at work and has trouble concentrating on other tasks, adding she feels guilty for not being able to protect her daughter.
“It breaks my heart that I will never know who my daughter would have been as she has forever changed because she had to grow up so quickly due to her innocence being stolen from her,” she said.
“I have zero trust or faith in anyone new.”
The victim’s brother previously testified to walking in on Duke assaulting his sister. The mother was in the other room at the time. She said her son has since been diagnosed with post-traumatic stress disorder (PTSD).
“A child should never have to see his sister raped,” she said.
“He was always a loving, caring, gentle soul and now he is angry and hurt due to trauma and guilt that he goes through daily.”
Duke sat still in the accused’s box while he listened to the victim’s impact statement. He did not appear to show emotion, nor did he look at the mother as she read her statement.
The victim submitted a written statement. She chose not to read it out loud in court.
SENTENCING SUBMISSIONS
A sexual assault of a minor conviction comes with a minimum one-year jail sentence and a maximum 14-year prison term.
“The judge can go anywhere between that one year and 14 years. He’s certainly not bound to accept either the Crown’s position or the defence’s position,” Crown prosecutor Leona Andrews said.
Andrews argued for a higher-end prison sentence of six years considering the victim’s age, the relationship between the victim and Duke and the trauma both the victim and her family have suffered.
“We need to consider the significant harm that has been placed on this family. The victim impact statements are quite powerful and speak volumes about the trauma this family has gone through,” Andrews said.
“Children should feel safe in their own homes. This was a space that should have been (the victim’s) safe place.”
Duke’s defence lawyer Chris Macleod asked the judge for a sentence ranging from three to four years.
MacLeod highlighted Duke’s low risk to reoffending and his minor criminal record that has a single assault charge from when he was 21 years old.
MacLeod argued there is no evidence that indicates Duke was in a position of trust with the victim, adding that should not be considered an aggravating factor. Family and friends of the victim appeared to disagree with Macleod’s argument when they openly laughed in court.
Aside from a custody sentence, Duke will have to comply with three mandatory ancillary orders including a 10-year firearm prohibition, a mandatory DNA order and he will be registered under the sex offender registry for 20 years.
Duke remains out of custody as he awaits a sentencing decision.
Andrews said a number of factors are at play when deciding if someone should be placed into custody during court proceedings.
“At the time he was convicted, the Crown sought for him to go into custody but the judge declined to do so,” Andrews said.
“It’s not a circumstance where every offender whose facing custody would be in custody pending their sentence.”
Despite a guilty verdict, Duke continues to maintain his innocence. He has not expressed remorse nor taken responsibility for the sexual assault.
MacLeod told the court that Duke intends to appeal the judge’s decision. He would have 30 days to do so after the sentencing decision.
Justice Mitchell has reserved his decision to Nov. 21.
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