An Ontario man convicted of sexually assaulting his intellectually disabled sister avoided prison after a judge struck down the mandatory five-year sentence as unconstitutional.
D.C., 26, sexually abused his sister for four years beginning when she was 12, according to the National Post. Both siblings have intellectual disabilities.
Justice Anne Molloy ruled that imposing the mandatory sentence would amount to “cruel and unusual” punishment.
“Five years in a penitentiary is a tough sentence in any circumstances, and even more so for a first-time offender. When a developmental disability is added to that mix, in my view it becomes cruel and unusual,” Molloy wrote.
The abuse came to light in May 2022 after the sister told a school counsellor, who contacted police.
