A man found guilty of sexually assaulting a 13-year-old girl after she had passed out during a drinking party slightly more than eight years ago was sentenced Thursday to one year in jail followed by two years probation.
Case precedents indicated a fit sentence for Karl Xavier Casimer, 37, would have been in the range of two to four years but he was granted a break in part because of the time it took to bring the matter before the court but also because he has turned his life around.
Casimer has been sober for five years and is now a full-time father to four children. Casimer said he does not remember what happened on the night of Oct. 18, 2007 but takes responsibility for the incident.
Then 30 years old, Casimer had a long criminal record and was bootlegging alcohol to minors when he ended up at a party in a 1700-block Upland Street apartment. The girl, who cannot be named under a court-ordered publication ban, had drank enough to pass out and was put to bed by a friend.
Casimer also became drunk enough to pass out at the edge of the living room after bouncing off the walls of the apartment's hallway towards its two bedrooms and a bathroom, the court heard during a three-week trial.
Later on, the friend went to check on the girl and found her on the floor with Casimer on top of her and both with their pants and underwear down. Unable to pull him off, she called for help.
One of the men who came to her aid kicked Casimer in the face before kicking him out of the apartment.
Defence counsel had argued for as little as 90 days served intermittently but B.C. Supreme Court Justice Ron Tindale decided that's asking too much, saying Casimer committed a "despicable crime."
"What complicates the determination of a fit sentence is the fact that Mr. Casimer has taken considerable steps to deal with his alcohol addiction problem and as he said during his statement to the court he's not the same person today who committed this crime," Tindale said.
"This however has to be balanced with the fact that a 13-year-old unconscious child suffered severe abuse at the hands of Mr. Casimer."
During a sentencing hearing in August, Casimer delivered an emotional plea for leniency.
Led away with his hands cuffed behind his back on Thursday, a tearful and sobbing Casimer told his spouse he loves her and is sorry for what has happened as she looked on from the gallery.
