A 26-year-old Woodstock man was sentenced to 45 days in jail for masturbating in front of a grieving teen while she was visiting her grandmother’s grave in a Stratford cemetery.

Perth County assistant Crown attorney Elizabeth Wilson called what Patrick Falkins did that Friday afternoon in early August “a very brazen act.” Justice Kathryn McKerlie termed it “offensive” criminal behaviour.

“In particular in a cemetery where someone’s going to pay their respects to deceased relatives,” the Stratford judge said while sentencing him for committing an indecent act in public.

On Aug. 2 at a little after 5 p.m., a 19-year-old woman heard a noise while at her grandmother’s grave in the Avondale Cemetery and looked to see what caused it, the court heard.

“(She) saw Patrick Falkins sitting on a bench staring at her,” Wilson said.

The victim returned her attention to her grandmother’s memorial, but soon after she noticed Falkins standing next to her with his genitals in his hand performing a solo sex act.

“He stated to her, ‘Like you don’t have a problem with this?’” Wilson told the court.

The victim told him to leave and he initially walked away, but soon the automotive employee returned to apologize. As they spoke, she found out his first name was Pat and was given his phone number.

“Thankfully she was clever enough to obtain Mr. Falkins’ first name and his telephone number so that she could put police in contact with Mr. Falkins and ensure that he’s held accountable,” Wilson said.

The victim called police, who quickly arrested Falkins. She did not file an impact statement.

“But I certainly think that it could be inferred from the circumstances that this would have had an impact on the victim,” Wilson said.

The court heard Falkins was convicted of sexual assault in 2014 and two counts of committing an indecent act in public in Guelph three years ago. He was still bound by a probation order relating to the pair of Guelph convictions during the Stratford incident.

“This is clearly an ongoing and concerning issue,” McKerlie said.

The lawyers jointly suggested the jail term – it will be served on weekends at the Elgin-Middlesex Detention Centre – and three years of probation.

“I am very sorry for what I did, and I don’t want it to happen again, and that’s why we’re asking for an intermittent sentence so I can go and get the help that I need to get,” said Falkins, who went to the high school in Listowel and used to live in Stratford, according to his Facebook page.

Defence lawyer Michael Fair said his client has completed phase one of the sexual offender recidivism program and hopes to start phase two soon.

“He is seeking help. He recognizes he has a problem,” Fair said.

“Whatever counselling Mr. Falkins has completed, it’s clear that as of Aug. 2 of 2019 – in my respectful submission – that counselling did not have any impact,” Wilson said.

Falkins, who turned 26 Saturday, can’t be within 100 metres of the cemetery or associate with the victim, whose identity is protected by a publication ban. Two counts of failing to comply with a probation order were with withdrawn.

tbridge@postmedia.com