BY KEITH LACEY
A mentally challenged man was spared a jail sentence Tuesday for sexually abusing two children.
Justice Robert Del Frate agreed to a joint submission that a man who possesses the intelligence of a child should be spared jail and ordered him to undergo extensive treatment at a Thunder Bay treatment centre.
Del Frate said, ?this exceptionally difficult case...would normally cry out for a jail sentence? as it involved an adult male having sexual encounters with two young children.
However, considering Joseph Pasqua?s plea of guilt, the fact he fully co-operated with police, showed remorse and is willing to accept a long period of counseling, Del Frate agreed to impose the joint submission.
?In this circumstance, sending Mr. Pasqua to jail would only compound the situation,? said Del Frate.
Del Frate warned Pasqua, 33, who has no previous criminal record, if he breaks any conditions of his probation or ever again sexually assaults a child ?you will be going to jail and you will be going for a long time.?
Besides attending the sexual treatment centre in Thunder Bay as soon as a bed becomes available, Pasqua?s probation includes accepting any other counseling as recommended by his probation officer and not being in the presence of any girl 14 years of age or under.
Assistant Crown Attorney Andrew Slater told the court Pasqua sexually assaulted a seven-year-old girl during the summer of 2000. Pasqua was babysitting her when he pulled down his pants, exposed himself and laid on top of her, but stopped when he heard a knock on the door.
A second complainant, then age 13, told police she and Pasqua had sexual encounters on three occasions, including one where sexual intercourse took place.
The young girl, who said she had been abused previously by other men, initiated the sexual contact, but at age 13 was not of the age to form legal consent, said Slater.
Once police confronted Pasqua about allegations by the two complainants, he admitted his involvement and was fully co-operative with police. He even provided more details than either complainant about what had transpired, said Slater.
Defence counsel Edmond Paquette said psychiatric reports clearly indicate his client operates at the level of a child and has never been properly assessed or diagnosed, despite many difficulties in his life.
?Overall, Mr. Pasqua functions at a level where 99.5 per cent of people his age would perform better,? he said.
Despite his difficulties, Pasqua fully realizes what took place with both girls was wrong and he is remorseful for his actions, said Paquette.
Like many other sexual offenders, his client was also a victim of sexual childhood abuse, he said.
Slater agreed this case ?was a very difficult one to grapple with? as jail is almost always imposed against adults who sexually abuse young children.
It was only after reviewing the police videotapes of Pasqua providing information that his office decided to initiate proceedings to come up with a
solution that would punish this accused without having to send him to jail, said Slater.
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