A A

A Dartmouth woman convicted of sexually assaulting a female home-care worker has been handed a five-month conditional sentence, followed by 18 months’ probation.

Sherri Dawn Barrett, 44, was found guilty last fall after a trial in Dartmouth provincial court.

Chief Judge Pam Williams accepted the evidence of the complainant, a continuing-care assistant, that several incidents of unwanted sexual touching occurred June 7, 2018, while she was at Barrett’s apartment for cleaning duties.

At sentencing Monday, the judge said the Crown’s recommendation for a conditional sentence and probation was appropriate and “underlines the seriousness of these kinds of offences, even when the touching is over clothing and minimally invasive.”

Williams said this type of behaviour cannot be condoned.

The complainant’s identity is protected by a publication ban. The diminutive woman testified that the six-foot, 200-pound Barrett came up behind her while she was cleaning the bathroom and slapped her buttocks. She said she ignored the slap and kept working.

The woman told the court Barrett then slapped her buttocks in the kitchen, saying “You’re pretty. I just want to keep you in my pocket. I want to keep you here forever.”

She said she was doing paperwork in the living room when Barrett kneeled in front of her, hugged her and tried to kiss her. After she replied that the conduct was “unprofessional,” she said Barrett picked her up, with her feet dangling in the air, before she was able to push away.

The worker said she went down a hallway, where Barrett grabbed her buttocks and lifted her up again. Barrett asked for a hug and the care assistant said she replied “sure,” knowing her next step would be to leave and never return.

Prosecutor Janine Kidd said the circumstances of the offence were “disturbing to the Crown.”

“(The complainant) was there to do her job,” Kidd said.

The victim, who was present in court for the sentencing hearing, did not file an impact statement.

Defence lawyer Giancarla Francis requested a suspended sentence with probation for Barrett, a transgender woman who regularly receives counselling and is awaiting final sex reassignment surgery in Montreal.

Francis said her client has stomach problems, sleep apnea, issues with her spine and suffers from migraines and mental health issues, including post-traumatic stress disorder, anxiety and panic attacks. She said Barrett describes herself as having gender dysphoria, the distress someone feels due to a mismatch between their gender identity and their sex assigned at birth.

The lawyer said Barrett is no longer eligible for home care because of the charge and has been kicked out of the New Democratic Party, “an affiliation she has enjoyed for a number of years.”

The judge rejected the defence request for a suspended sentence, saying it would not provide sufficient general deterrence.

“Sexual assault is a crime of violence,” the judge said. “Denunciation and deterrence are strong (sentencing) considerations, although we cannot lose sight of rehabilitation, because rehabilitation, in my view, is often the best chance of protecting the safety of the public in the long term.

“When it comes to sexual assault, there is a wide continuum in terms of types of cases. Some are extremely invasive and violent; others are on the lower end of the scale and may not be as physically serious. The mental and psychological repercussions of any sexual assault must be noted. Each victim is different in terms of how they are able to rebound from such an event.”

Barrett will be on house arrest for the first two months of her conditional sentence and subject to a 10 p.m.-6 a.m. curfew for the final three months.

The judge granted exceptions to the house arrest for medical emergencies and appointments, legal commitments, social activities and meetings organized by various community support groups, and four hours per week for attending to personal needs.

The conditional sentence and the probation order both prohibit Barrett from having firearms, communicating with the victim or being within 25 metres of her residence or place of employment.

Barrett must take part in any counselling deemed necessary by her sentence supervisor, including the province’s sexual offender assessment and treatment program.

The judge also ordered her to provide a DNA sample for a national databank and register as a sex offender for 10 years.

Barrett muttered as the judge went through the conditions of her sentence, loudly saying “can’t do” at one point.

Outside court, Barrett professed her innocence and said she believes she was only convicted because she’s a transgender woman.

“I can’t stand for this,” Barrett told reporters. “I’m not going to be put against the wall and be treated as a sex offender when I didn’t do anything to her. I didn’t touch her or say anything to her.”

She indicated she will not comply with the conditions imposed by the court.

“Nobody’s going to track me,” Barrett said. “When I get this surgery done, I’m going to be undetectable and unrecognizable from now on, because I’m going to have a whole change from head to foot.”

Kidd said if Barrett refuses to obey the court orders, “breach charges will be laid.”

The prosecutor admitted it was an unusual case.

“We see sexual assaults all the time, unfortunately,” Kidd said. “But how Ms. Barrett has conducted herself at court after she was convicted and sentenced sets her apart from other offenders, in my view.”