A 50-year-old man from Barrie, Ontario, found guilty of sexually assaulting his 14-year-old stepdaughter, will remain free until his sentencing despite taking a vacation to an all-inclusive resort in Cuba while awaiting the court's verdict, according to Canadian outlet BradfordToday.
This Wednesday, Ontario Superior Court Justice Phillip Sutherland dismissed the prosecution's request to revoke his bail, arguing that the trip did not breach any conditions imposed at that time.
Instead of taking him into custody, the judge decided to tighten the pre-trial measures: he is now prohibited from leaving Ontario, must surrender his passport and all travel documents, and is subject to a curfew from 10:00 p.m. to 6:00 a.m.
"I have no concerns about public safety," stated Sutherland, noting that the accused, whose identity is protected to safeguard the victim, had generally adhered to his bail conditions and had no prior criminal record.
Travel to Cuba While Awaiting Verdict
The trip to the Cuban resort occurred after the trial had concluded but before the judge issued the guilty verdict last month. The man traveled with his partner, who also served as his surety and testified in his defense during the trial.
Prosecutor Indy Kandola contended that the trip to Cuba should be considered a breach of bail, as it was foreseeable that the accused would come into contact with children under 16 at a family resort, which was prohibited.
However, the judge highlighted that none of the existing conditions barred him from leaving the country and remarked that the prosecution failed to present evidence that he had been near minors during his stay on the island.
"There is no evidence he was with... or near the pool with individuals under the age of 16," stated Sutherland.
During the hearing, it also emerged that the accused had been technically violating another bail condition for nine months by not officially reporting a change of address. His attorney, Eli White, argued that the man believed this procedure had been completed by his previous legal representative, a rationale the judge accepted.
The Assault and a Rejected Defense
The incident took place in May 2020 when the teenager visited the accused's apartment with her mother's permission.
The court determined that the man had gained the teenager's trust by portraying himself as the "cool dad," offering her alcohol, and even attempting to record the assault. Following the attack, the victim called emergency services 911.
During the trial, the accused claimed he suffered from sexsomnia, a sleep disorder that can lead to involuntary sexual behavior while asleep. However, this explanation was dismissed even by the defense's own expert, who concluded that the only disorder detected was mild sleep apnea.
Although the judge decided to keep the accused free, he acknowledged some concern about the possibility that the accused might not appear for the sentencing hearing, scheduled for September 2026, which led to stricter bail conditions.
Sutherland also rejected the prosecution's insinuation that the accused may have assaulted another individual, citing insufficient evidence.
"All the court has are allegations," he concluded.
Key Questions About the Canadian Man's Legal Situation
Why did the judge allow the accused to remain free until sentencing?
The judge determined that the accused had generally adhered to his bail conditions and had no previous criminal record. Additionally, there were no concerns about public safety.
What were the implications of the accused's trip to Cuba?
The trip raised concerns with the prosecution, who argued it breached bail conditions. However, the judge found no evidence that the accused violated any conditions or had contact with minors during his stay.
What is sexsomnia and why was it dismissed as a defense?
Sexsomnia is a sleep disorder causing involuntary sexual behavior during sleep. The defense's expert dismissed it as a valid defense, citing only mild sleep apnea as the detected disorder.