The family of Kassidi Coyle will have to wait another two months before finding out the fate of Shawn Roy, the man found guilty of sexually assaulting Kassidi back in February.
On April 24, after reading their victim impact statements before the court, the Coyle family was dismayed to discover the Crown was only seeking an 18-month sentence with two years of probation.
“No one talked to us,” mother Judi said on Tuesday, when she attended court on her own. “No one told us the maximum was 18 months (before that point). We thought the maximum was 10 years and we thought he might get three or four.”
“This is why people don't report,” she added.
Although not present for the sentencing hearing on Tuesday, other family members of Kassidi shared their displeasure with the suggested sentence on social media.
“Yesterday made me physically sick. We fought the hardest we could and weren’t aware that 18 months was the maximum. We are distraught and feel defeated,” Chelsea Coyle, Kassidi's sister, tweeted on Thursday.
Although the maximum sentence for sexual assault after proceeding by indictment is 10 years, the Crown in this case opted to proceed summarily, which carries the maximum of 18 months.
According to the Crown prosecution manual used by all Crown attorneys in Ontario, there are many factors considered when determining whether to proceed summarily or by indictment in any sexual assault case. They include the circumstances of the offence (such as protracted sexual abuse, significant physical, emotional or psychological harm to the victim), whether the offence is alleged to have occurred within six months of reporting, the circumstances of the offender (for example, a history of similar offences), position of trust/authority in relation to victim and the potential range of sentence.
When reached for comment this week, no one at the Crown attorney's office or the Ministry of the Attorney General could comment on why the Crown chose to proceed summarily in this case specifically, as it is still before the courts.
When Crown attorney Lynn Shirreff concluded her sentencing suggestions on Tuesday, she indicated that, in addition to the 18 months of incarceration and two years of probation, they were also requesting Roy enter into treatment for alcohol abuse, that he has no contact with the Coyle family, he submits to a DNA order and gets a 10-year weapons prohibition.
“There has been no remorse (on Roy's part) expressed to date to this court,” she said.
Kassidi committed suicide four months after the assault, before Roy's sexual assault case went to trial.
“The psychological impact of this event had an effect on her mental health... the sexual assault was a major precipitating event that led to her suicide,” concluded Shirreff.
When defence attorney David Wilcox stood up to give his sentencing suggestions, he took an apologetic tone.
“I'm not here to make excuses for what he did. There's no excuse – he knows that,” Wilcox started. “He understands his actions have consequences. He's resigned to his fate.”
Wilcox mentioned that Roy has given up drinking altogether since the assault.
“He can see where drinking got him and he doesn't want to go there again,” he said.
Wilcox outlined the consequences Roy has already faced in his life as a result of the charges, including his marriage falling apart and his visitation with his young daughter being reduced to biweekly. He also reminded the court that Roy had no criminal intent – he has no recollection of sexual contact, but that he does still feel remorse. Roy has no criminal record or background prior to this incident.
“The deterioration of (Roy's) marriage is what caused him to come to Barrie to spend time with his male friends. His intoxication was voluntary, but circumstances were not something he could have foreseen,” said Wilcox, alluding to the women (Kassidi and her friends) being at the house at all. “It's not an excuse, but it was a mitigating circumstance.”
During Shirreff's response to Wilcox's statements, she took major issue with this suggestion.
“Women are everywhere,” she said, and reiterated that living alongside women should not be considered a “mitigating circumstance” to sexual assault.
“He is a man who is deeply affected by the consequences of his actions on that night. He has so much to lose. It bothers him everyday that his actions contributed to the death of this young woman,” Wilcox concluded, while requesting Justice Robert Gattrell sentence Roy to six months in jail with a period of probation, due to this being his first offence.
Justice Gattrell is reserving his sentencing decision until July 23.
After court adjourned on Tuesday, Judi Coyle was reflective and disappointed the family would have to wait for two months to find out Roy's fate.
“Nothing was shocking today,” she said. “I hope (Justice Gattrell) can see through everything said and see the impact this had (on my daughter).”
“I have faith in the judge.”
Although Judi is concerned about the possibility that Justice Gattrell might consider a six-month sentence, she has faith that being so public about her daughter's assault will follow Roy long after any sentence he receives might be over. Judi fought in court to have the publication ban on her daughter's name waived when the case went to trial, and her request was granted.
“If he gets only six months, that's just ridiculous,” she said. “It's cold to say, but he's lost his marriage, he's lost his daughter... I'm taking his life away just like he took my daughter's.”
When asked about the legacy Kassidi left behind, Judi reminisced about how she wants to remember her daughter.
“There's not enough anyone can say about Kassidi. She was a good, respectful, fun-loving girl with lots of friends.”
KASSIDI'S POEM
During the victim impact statements last week, Melanie Smith, Kassidi's oldest sister, read a poem Kassidi had written to Shawn Roy and left in the notes on her iPhone prior to her death.
“Sipping beer is not your crime. Peeling off and discarding my underwear like a candy wrapper to insert yourself into my body, is where you went wrong. My damage is internal, unseen, I carry it with me. You took away my worth, as my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice. My independence, natural joy, gentleness, and steady lifestyle I had been enjoying became distorted beyond recognition.”
