BY KEITH LACEY
A father of two young children who molested an eight-year-old girl has been spared a jail sentence.
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Justice Yvon Renaud said all the evidence before him led him to believe there is very little risk James Scagnetti, 38, will reoffend and he doesn't believe he poses any risk to the community.
Following a two-day trial in March, Renaud found Scagnetti guilty of one count of sexual assault.
The incident occurred at a house party in Sudbury on Nov. 9, 2002. The trial heard Scagnetti was so drunk and stoned he was told by several others to go to bed. The little girl had been placed in his bed so she could get some sleep.
Instead of jail, Renaud sentenced Scagnetti to a conditional sentence of 18 months and two years of probation. During the first six months of his sentence, Scagnetti will not be able to leave his home and will be under house arrest except in case of medical emergencies, to attend counselling sessions, go to work or school or access the necessities of life five hours each week.
Renaud made it clear to Scagnetti, his family and the court he believes this accused has a serious alcohol problem. He prohibited him from possessing, consuming or having alcohol in his residence or serving it to anyone who visits him for his entire 18-month sentence and two years of probation.
During this time, Scagnetti was also prohibited from being in the presence of any young girl under the age of 14 unless accompanied by another adult.
Before sentence was imposed, Scagnetti, who maintains his innocence, did not apologize for his actions, but stated how he wanted to put this incident behind him and get on with his life outside of Sudbury.
Renaud noted the courts aren't authorized to impose harsher penalties against convicted offenders who insist they're innocent, but also noted a large majority of people convicted of sexual assault against children maintain their innocence.
No sanctions can give back this victim's Â?innocence of youthÂ?, but all the evidence calls for a conditional sentence and not jail, said Renaud.
Defence counsel Victor Vere had asked for a conditional sentence to be imposed, noting Scagnetti has only a minor previous criminal record and has stopped drinking completely since being charged.
A pre-sentence report and psychiatric report clearly show this act was completely out of character and Scagnetti has no tendencies towards sexually abusing children and provides a very low risk to reoffend, said Vere.
Assistant Crown attorney Guy Roy asked the court to impose a jail sentence of between six and nine months saying it's only in very rare occasions do courts not impose a jail sentence for offenders convicted of sexually abusing children.
The victim and her family continue to suffer emotional trauma because of this incident and will likely have to deal with the consequences for some time to come, said Roy.
The victim Â?doesn't trust anyoneÂ? and her mother won't let her out of her eyesight and suffered nightmares for weeks after the allegations came forward, said Roy.
Vere said the use and abuse of alcohol and marijuana in this case Â?can't be used as an excuse or condonedÂ?, but obviously did contribute to what happened.
His client has quit drinking and using illicit drugs from the day he was arrested, he said.
Scagnetti also insisted the girl not be forced to testify or be cross-examined at trial and he's obeyed all court orders since his arrest 18 months ago, he said.
Â?James Scagnetti is not a threat to the community...and does not need to go to jail,Â? said Vere.
His client was involved in a lifestyle of heaving drinking and partying and this eventually led to him getting in serious trouble, he said.
Scagnetti plans on returning to upgrade his skills and get his welding certificate back and return to the workforce to provide for his family, he said.
An extended conditional sentence with harsh restrictions on his freedom will be more valuable to everyone concerned rather than a short jail sentence, said Vere.
Â?The stigma of this conviction will never be erased,Â? he said.
Roy said the victim has been Â?on an emotional rollercoasterÂ? since the incident, but both her parents are optimistic she can put this behind her and move on in her life.
Over the course of his sentence and probation, Scagnetti can't own or possess any prohibited weapons, support his wife and children, take any counselling as recommended by his probation officer and submit to random drug and alcohol testing.
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