Editor’s note: Sudbury.com is opting to change how we describe material that shows the sexual abuse of children, as we feel “child pornography” is an inaccurate term that equates sexual abuse with legal pornography. We feel “child sexual abuse material” is a more accurate term. However, under the Criminal Code, “child pornography” is how such charges are described, so when listing charges only, Sudbury.com will use the term “child pornography.”
A man facing charges relating to child sexual abuse material was scheduled to go to trial in Sudbury court Jan. 5, but instead pleaded guilty to the charges before him.
Raymond Stargratt, 37, was charged with access and possession of child pornography.
These charges resulted from a 13-month investigation by the GSPS Internet Child Exploitation Unit, and also saw similar charges against three other people.
At the time, Stargratt was charged with four counts of possessing child sexual abuse material and three counts of accessing child sexual abuse material.
Though he was scheduled for his trial to begin Friday and last two days, Stargratt pleaded guilty to one count of each.
A joint sentencing recommendation was submitted by Crown attorney Alayna Jay and defence representative Dennis Michel, meaning both sides agreed with what they called a rehabilitative plan.
“Mr. Stargratt is pleading guilty and he is making a complete acceptance of responsibility,” said Jay.
“I understand that through counsel Mr. Stargratt has expressed sincere remorse and a desire to seek programming and help. It is the Crown submission that this sentence is on the lower end of what is appropriate in the circumstances, but that it is still firmly within the range of appropriate sentences.”
Both asked Justice Pierre Bradley for 20 months at the Ontario Correctional Institute (OCI), a 228-bed treatment centre with intensive treatment for offenders with problems relating to substance abuse, sexual misconduct, impulse control and anger management.
Stargratt has already received treatment from the facility when he was sentenced to 18 months at OCI in 2016, serving time for charges the Crown described as “related convictions.”
The Crown detailed the facts of the case, beginning with Stargratt’s arrest on Dec. 16, 2021.
A warrant was issued the day before, and police seized all devices found within the residence and searched them for child sexual abuse material.
In his sentencing submission, Michel told Bradley that if the case had proceeded to trial, he would have questioned the validity of the search warrants.
A forensic analysis of Stargratt’s cell phone found eight videos. The videos depicted children under 12, one as young as four, being sexually abused by adults.
As this is the second time Stargratt has faced charges related to child sexual abuse material, Bradley asked if he continued counselling sessions after his probation period from these first charges was over.
Stargratt told the judge he had not, pointing to difficulty working within the Ontario Works system, which he was receiving at the time. He said by the time he was transferred to ODSP, where he could have accessed better care, he had already re-offended.
Though he noted that the sentencing recommendation was on the “low end” of what could be imposed, he agreed and sentenced Stargratt to 20 months for each count, to be served concurrently.
He added a recommendation for the time to be served at OCI. Stargratt will also have to visit his probation officer and report for counselling within two days of his release, for a period of three years.
He is also facing a number of orders, including an order to register his DNA and his name under the Sex Offender Information Registration Act (SOIRA) for both charge-types, possession and accessing. He may not attend any place where persons under the age of 16 years are present, or can reasonably be expected to be present, and cannot pursue employment or volunteer work that would put him in a position of trust or authority towards a person under the age of 16 years,
The judge also ordered that Stargratt be prohibited from having direct or indirect contact, including communicating by any means with a person who is under the age of 16, unless under the supervision of a person whom the court considers appropriate, as per the Crown submission.
“I agree with the Crown and defense when they say that the joint submission that's been presented to me is on the lower end of the spectrum, especially taking into consideration that you've already been charged with similar offenses in the past,” he said.
But he added that he did not believe the sentence would be “contrary to the public interest, nor will it bring the administration of justice into disrepute. I will certainly make the recommendation that you attend the OCI Institute to get as much help as you can.”
After rendering his sentence, Bradley spoke directly to Stargratt.
“You'll get out of jail one day, and you'll have to change,” he said. “You'll have to continue counseling after you're out of jail. And, understand you'll be on probation for three years, but I think, in your case, you'll have to get counselling for the rest of your life.”
Bradley added, “Sir, I hope that you have time to reflect on the damage that you've done, and that you get better.”
Stargratt was taken from the courtroom in handcuffs.
Jenny Lamothe is a reporter with Sudbury.com.
