Three former St. Michael’s College School students have been sentenced to two years of probation for sexually assaulting a student with a broomstick in November 2018 and for assaulting another teen with a broomstick the previous month.

After Ontario Court Justice Brian Weagant briefly stated only the sentence Thursday morning — the reasons were not read out in court and a written decision was later handed out — the teens embraced their parents and lawyers, visibly relieved not to be sent to jail as the Crown had asked.

In deciding on probation rather than custody, Weagant said that the teens had been affected by a normalized bullying culture at the school, that they expressed genuine insight and remorse for their actions, that they were expelled from the school and that they had been subjected to intense media scrutiny.

“In spite of the fact that we actually have other serious charges to deal with in this building, the media has decided this is the case that requires society’s focus. That fact has added to the shame the boys are feeling,” he wrote.

“I think it is safe to conclude that these young persons have heard society’s voice loud and clear.”

The three former students at the elite all-boys private school were in their early to mid teens at the time of the offences. They pleaded guilty to sexual assault with a weapon and assault with a weapon last month when the violent and disturbing details of the attacks were read out by the Crown. One of the three teens also pleaded guilty to making child pornography for filming one of the sexual assaults.

According to the ruling, there were three locker room incidents, beginning in September 2018, when a student had his pants pulled down by a group of boys and he was struck several times with an object after hearing yells of “get the broom.” No pleas were entered in connection with this incident.

The next month, the same victim was tripped, had his pants pulled down and was repeatedly sexually assaulted with a broomstick while being filmed with a cellphone. That video was deleted. The identity of the boys who used the broomstick cannot be proven by the Crown, and the three teens pleaded guilty only to assault with a weapon in connection with this incident.

In November 2018, another student was repeatedly sexually assaulted with a broomstick as a group of students cheered and yelled. The three teens pleaded guilty to sexual assault with a weapon for their involvement in the attack. A cellphone video of this incident was shared widely around the school and online, ultimately coming to the attention of the media, school administration and Toronto police.

In his 34-page decision, Weagant described the incidents as a “form of hazing” involving “violent mob attacks behind closed doors with two vulnerable victims... this was male on male simulated rape, ostensibly done in the pursuit of fun and excitement, but really perpetrated for the purposes of humiliation and subordination.”

He described group of boys acting in this way as “toxic masculinity” of a high order, and noted that the acts arguably carried a homophobic and misogynistic element that should be part of the teens’ future therapy.

However, Weagant also found — based on the accounts the teens gave during their psychologist assessments — that the school culture normalized bullying and sexual bullying. He said this was supported by the sweeping culture review conducted by the school in the wake of the criminal charges.

“The culture does not excuse or absolve of responsibility, but it set the stage for something serious to happen,” he wrote.

He said none of three teens realized at the time how serious their actions were, with one of the boys describing the violent broomstick assaults as “regular hazing that went too far.”

This plays a role in reducing their moral blameworthiness, he said.

“All three boys are excellent candidates for rehabilitation,” he said. “Each realizes that he had a chance to stop what was happening but did not ... that insight alone, coupled with the very positive risk assessment, convinces me that there is no need for specific deterrence in this case.”

And while he noted that the group sexual assaults of the two victims would have a “lasting traumatic impact,” he also found the “degree of intentionality of harm” by the defendants was low. The incidents would not have happened without the group dynamic in the locker-room, he found, noting that the teens were affected by peer pressure and the fear of being the next victim.

The Crown had argued the fact that the two of the locker-room attacks were filmed and one ultimately shared widely on social media, eventually coming to the attention of the media, was a significant aggravating factor.

One of the teens admitted to filming two of the locker-room incidents, choosing to film the second even though the victim in the first had begged him to delete the video which he did.

Weagant wrote that the filming could have been done “automatically and without thinking” and without considering the consequences to the victim of the violent sexual assault, given the proliferation of viral videos and the way teens and most people in society often “video life around them in a cinéma vérité fashion.”

In his decision to sentence the teens to probation, Weagant noted that the Youth Criminal Justice Act requires judges to find the “least restrictive sentence” to ensure accountability along with the sentencing principles of rehabilitation and reintegration.

In a sentencing hearing last month, prosecutor Erin McNamara said a custodial sentence is appropriate for the teens, stressing that the attack was done as a group, that the victim was held down so he could not defend himself against the sexual assault, and that the attack was filmed and shared on social media.

She also partially read a victim impact statement from the parents of one of the two victims, in which they describe the lasting trauma their son carries. The boy was unable to even write his own statement, they wrote, because it is too hard to confront what happened to him.

After the court hearing Thursday, civil lawyer Iain MacKinnon, who represents one of the victims and his family in a lawsuit against the St. Michael’s College School said his clients were relieved by the end to this part of the criminal proceedings. They had no comment on the sentence but believe the school needs to be held accountable for the environment they created, he said.

One of the lawyers representing one of the sentenced teens, Rachel Lichtman, said the sentence was fair and benefits society by rehabilitating and reintegrating the teens, who are now enrolled at new schools.

“More suffering is not justice,” she said. “It does not erase anything.”

None of the youths can be named under the provisions of the Youth Criminal Justice Act.

The sentencing concludes all but one of the criminal cases linked to the October and November incidents. One teen is set to go to trial on charges related to those incidents next year.

The timeline of the St. Mike’s sex assault case

Sept. 18, 2018 — A student is assaulted with a broomstick: According to an agreed statement of facts later presented in court the victim, a St. Mike’s student said he was surrounded by a group of teens chanting “ehhhhhh” in the school locker room and then assaulted. The boy was picked up by his arms and legs and swung around and then he was held down and his pants were pulled down. He heard a chant of “get the broom” and was struck hard several times. A video of the incident went viral at the school. Two students were charged with assault with a weapon and assault over the attack, but those charges were withdrawn.

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Oct. 17, 2018 — The same student is sexually assaulted with a broomstick: According to the agreed statement of facts, the same victim as in the September attack was in the locker room again and heard the same loud chanting. He tried to run but someone tripped him. He was held down, his pants were pulled down and he was sexually assaulted with the broomstick multiple times. When he got up he saw the group of teens gathered around one teen holding a cellphone. The teen with the phone asked the victim if he wanted to see the video. He said no and begged him to delete it, which the teen did.

The Crown cannot prove who used the broomstick to sexually assault the victim in this incident. Five teens were initially charged with sexual assault with a weapon, gang sexual assault and assault in connection with this incident. Three pleaded guilty to assault with a weapon, but denied using the broomstick to sexually assault the victim. The charges were withdrawn for one of the teens. One teen is proceeding to trial on a charge of assault with a weapon.

Nov. 7, 2018 — Another student is sexually assaulted with a broomstick: A different victim came to the locker room after a big win by a football team to ask a friend for a ride home, according the agreed statement of facts. The student heard one of the teens say: “get him” and he was grabbed and held down by a group of teens. One started filming the sexual assault on a cellphone. As the student struggled and yelled at them to stop, two teens tore at his clothing. He was sexually assaulted with a broomstick multiple times by three teens as the crowd around him screamed and yelled. The video of the sexual assault was shared around the school and on social media.

Six St. Mike’s students were initially charged with sexual assault with a weapon, gang sexual assault and assault. Three pleaded guilty to sexual assault with a weapon for this incident. One of the three also pleaded guilty to making child pornography for filming it. The charges were withdrawn against one of the teens and another entered a guilty plea. One teen, the same as in the Oct. 17 incident, is set to go to trial on the charges.

Nov. 12, 2018 — School administration becomes aware of the video of the Nov. 7 locker-room sex assault: Earlier in the day, the administration became aware of a separate 49-second video, shot in the boys’ washroom, showing a young boy in his underwear — he appears not to be injured — placed in a large sink by other boys, who splash water on him and slap him. No charges were laid in connection with this incident. The school conducted an internal investigation and notified police. Later that evening, administrators became aware of the Nov. 12 locker-room video.

Nov. 13, 2018 — St. Mike’s internal investigation continues: Four students are expelled over to the washroom video. The Nov. 7 locker-room sexual assault continues to be internally investigated as involved students and parents are interviewed.

Around 11 a.m. on Nov. 14, 2018 — St. Mike’s notifies police about the locker-room sexual assault: However, the police had already been told about the video by the media, as the video was still being circulated on social media. After the school’s internal investigation, four students were expelled over the incident. Meanwhile, the school began to face serious criticism for the delay in reporting the incident to the police.

Nov. 18, 2018 — St. Mike’s announces sweeping internal review of culture and practices at the school, to be led by an independent committee: The review was to “examine the traditions, rituals, and social practices of students at every grade level and in all areas of school life,” and issue recommendations that will be implemented in the 2019-2020 academic year, the school said in a news release.

Nov. 19, 2018 — Six former students are arrested and charged with gang sexual assault, sexual assault with a weapon and assault: The charges are all linked to the Nov. 7 locker-room sex assault. The boys are all released on bail later that day.

Nov. 22, 2018 — St. Mike’s principal Greg Reeves and school president Father Jefferson Thompson resign: The resignations followed intense criticism over the administration’s handling of the alleged assaults and sexual assaults on campus.

Dec. 19, 2018 — Police lay charges in the Sept. 18 assault and Oct. 17 sexual assault: Four of the previously charged teens were charged again and a seventh boy arrested and charged in connection to the Oct. 17 sexual assault. In a press conference, police say they investigated a total of eight incidents in connection with the all-boys school, and have laid charges in three. In total, police identified about 80 witnesses and conducted about 60 interviews in their investigation.

June 26, 2019 — One teen pleads guilty to sexual assault with a weapon over the Nov. 7 sexual assault: He is sentenced to 24 months probation and 30 hours of community service.

July 11, 2019 — Charges are withdrawn for one teen charged in connection with the Oct. 17 sexual assault.

Aug. 7, 2019 — Charges are withdrawn for one teen charged over the Nov. 7 sexual assault: The Crown said there is no reasonable prospect of conviction.

Aug. 15, 2019 — The internal culture review ordered by St. Mike’s is released: The review found that bullying is a “systemic issue” at the school, though it is similar to other comparable schools across the country. The report made several recommendations including that more female staff and faculty be hired.

Oct. 3, 2019 — Three teens plead guilty: The now-former St. Mike’s students pleaded guilty to sexual assault with a weapon in connection to the Nov. 7 sexual assault and assault with a weapon in connection to the Oct. 17 sexual assault. No charges were pleaded to in connection with the September assault. One of the teens also pleads guilty to making child pornography for videoing the Nov. 7 sexual assault on his cellphone.

Nov. 11, 2019 — One of the two victims files a $1.65-million lawsuit alleging St. Mike’s failed to keep him safe: The lawsuit names St. Michael’s College School, its board, three former students and the Basilian Fathers who run the school, as well as some coaches and administrators, as defendants.

Nov. 14, 2019 — The three teens have a sentencing hearing: Court heard the Crown is seeking jail time for all three, while the defence lawyers say a two-year probation period is appropriate.

With files from May Warren and Isabel Teotonio