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April 01, 2008
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Child molester may be eligible for house arrest

Author: MARIA CALABRESE
Web Site: Click here

A babysitter who blamed a five-year-old girl for being a "sexual tease" could be spared time behind bars, not for what he did but when he did it.

Vernon Van Mierlo, 60, doesn't at first blush fit the profile of a child molester with no mental health issues, no problems with substance abuse, a successful life-long career as a skilled tradesman, strong family ties and no alcohol for more than 20 years. A psychological assessment found the Trout Creek man was considered a medium to low risk to the public, but it also showed he's sexually attracted to young boys and girls and exhibits signs of sexual and cognitive dysfunction.

"There's no denying it. He's a danger to the public," said Crown attorney Sheila Seguin, explaining he blamed the young girl for being "sexually provocative" and criticized the girl's mother for being inattentive.

"This young girl considered Mr. Van Mierlo to be her father; her best friend. There was a blatant breach of trust," Seguin said of the sex assaults that happened two years ago.

He has a conviction in 1986 for an indecent act.

The Crown recommended a sentence close to two years behind bars at the Ontario Correctional Institute in Brampton - a facility that offers sex offender treatment - followed by probation for three years, at the trial several months ago.

Defence lawyer Ian McLean recommended a conditional sentence of a year served under house arrest, noting the assessment found Van Mierlo draws strength from his work and family, and is less of a risk if he remains close to home.

Court heard Monday that Ottawa changed sentencing provisions in December, taking away the option of house arrest for charges involving personal injury, with the Crown saying house arrest wouldn't be an option if Van Mierlo had molested the girl after the change.

The judge is to give his decision April 25.

Van Mierlo was described as a good father and grandfather to his own children, but was found guilty after a two-day trial a few months ago of molesting the girl.

He denies the offences, although he offered his own version of events during the trial about how he inappropriately touched her.

Court heard there was evidence of grooming by buying four-wheelers for the girl and her sibling and installing a pool at his home - extravagances that their mother couldn't afford.

He also bought the girl a pink bottle of soap - her favourite colour - and sexually assaulted her in the bath, again in front of a mirror, and exposed himself to her.

The behaviour stopped when the girl told her mother of the abuse.

Van Mierlo will also be sentenced for careless storage of a Browning .30-06 semi-automatic rifle and an Ithaca 12-gauge shotgun. The guns were not trigger-locked when they were found in a soft zippered gun case behind a couch during a police investigation into the sex offences.

They were stored in a room used by children, although neither gun was loaded and there was no ammunition found in the home.

mcalabrese@nugget.ca

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