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This article was published 8/2/2020 (222 days ago), so information in it may no longer be current.

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The Crown is asking the court to send a man to jail for two years after he was convicted of luring a teenage girl through Snapchat and sexually touching her.

The man’s defence, however, argued that given the circumstances, a sentence of approximately 12 months would be more appropriate, and that he is eligible to serve that sentence in the community.

Kevin Lone was convicted after a trial last January in Brandon provincial court of luring to facilitate the creation of child pornography, luring to facilitate sexual interference and sexual interference.

Lone, who was 41 years old at the time of the offence, developed a relationship with a 13-year-old girl after learning she was being badly bullied in school, Crown attorney Rich Lonstrup said, including a cyberbullying incident involving her classmates creating an Instagram account in her name with the purpose of publicly humiliating her.

Having been through similar issues growing up, Lone said he saw her as a "kindred spirit" whom he wanted to help, Lonstrup said, and the two began communicating through Snapchat.

Starting in March 2018, the conversations took a sexual turn, Lonstrup said, and Lone began asking to perform oral sex on the girl, sending her pictures of his penis and repeatedly requesting nude photos from her.

"What’s telling here, when we talk about the grooming, is that even after March — after he started the sexual communications — he was still sending her seemingly good-natured, positive affirmations and regular chats," Lonstrup said. "So basically he’s wearing both hats interchangeably — sexual predator on one hand, but also on the other hand counsellor and supporter, friend and confidant."

On June 1, Lone bought the girl alcohol and met her privately in his vehicle, which he parked out of sight from their homes.

Lone put his hand on her leg over her clothes and touched her groin area, Lonstrup said. The girl stopped Lone and left the vehicle.

The girl’s mother learned of Lone’s involvement with her daughter after he tried sneaking money to her and the girl’s younger sister found out, Lonstrup said.

"The behaviour here didn’t end because of a moral decision he made," Lonstrup said. "He got caught."

The victim did not provide a statement for the court, Lonstrup said, adding it’s been difficult for her to put into words how she feels.

She’s also still reeling from the aftermath of the incident, Lonstrup said, after many people in the small town she resides in and her school found out about the allegations prior to the trial.

Students threatened to beat her up and even kill her, Lonstrup added, and the pressure and bullying became so unbearable she had to quit school.

The Brandon Sun is not naming the town so as to not identify the underage victim in this case.

"This case is an object lesson in understanding why many victims don’t want to report a sexual assault and come forward," Lonstrup said. "Lines were being drawn, and not a lot of people in the school wanted to be on (the victim’s) side of the line. ... She’s still afraid of seeing (Lone) and afraid of seeing persons who were vocally sympathetic to him."

Grooming such as this is "peak psychological manipulation" akin to brainwashing, Lonstrup said, as a groomed underage victim of sexual assault often doesn’t see the situation for what it is.

It is also easier for sexual predators to seek out and prey on children in the digital world, Lonstrup said.

"With very little effort, Mr. Lone was able to locate and communicate with (the victim) on Snapchat, which is literally a self-erasing app on mobile phones," Lonstrup said.

It is because of the sustained grooming in this case that deterrence and denunciation need to be the primary focus of sentencing, Lonstrup said, suggesting Lone be sentenced to two years in jail followed by two years of supervised probation.

Defence lawyer Saul Simmonds argued that — based on a number of factors — a sentence of 12 to 15 months would be more appropriate.

Simmonds further argued that jail time would be detrimental to Lone’s rehabilitation and that he should have the opportunity to serve his sentence in the community.

Lone has struggled with mental-health issues for some time, Simmonds said, and experienced a rough childhood growing up.

"He, too, was one of those people who was unfortunately badly maligned as a youth, which is obviously was the reason that he reached out (to the teen) in the positive way, at least in the beginning of this whole process," Simmonds said.

In a psychological assessment and a pre-sentence report, Lone is rated as a low risk to reoffend, Simmonds said, and the particular incident before the court was determined to be an isolated incident.

No other complainants have forward since the allegations were made, during the trial or since the conviction, Simmonds said.

"While I do not in any way want to minimize what transpired here, I think the court can take some satisfaction in knowing that you don’t have to worry about him in the future," Simmonds said.

Lone also expressed remorse in his pre-sentence report, Simmonds said, as well as an understanding of how his behaviour was inappropriate.

"Mr. Lone has a wish to change and ... is deeply regretful of his behaviour," Simmonds said. "He presents as a conscientious middle-aged man willing to learn and eager to be socially acceptable. Through the course of treatment, he’s gained insight into the underlying nature of what caused the problems."

When given the opportunity to address the court, Lone apologized to the court for his actions, as well as to the victim and her family.

"I know I made poor decisions that led to heartache and disappointment ... for everybody," Lone said. "I want to sincerely apologize to (the family) for the poor choices that I made and the negative impact that it had on them. My own wish really is for them to find support through the proper channels and the proper means to help them get through this."

Judge Shauna Hewitt-Michta reserved her decision on sentencing, which is expected to be delivered in March.

» edebooy@brandonsun.com

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