Child molester may be eligible for house arrest
Author: MARIA CALABRESE
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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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