Teenager sentenced to 2 years probation in St. Michael’s College sex assault case

Warning: This story contains graphic details that some readers might find disturbing. Discretion is advised.

A teenager has been sentenced to two years probation in the sexual assault of another student at St. Michael’s College School in Toronto, a judge announced on Tuesday.

A judge found the teen guilty in June of gang sexual assault, sexual assault with a weapon, and assault after another teen was sodomized with a broom handle in a locker room at St. Michael’s College in 2018.

#BREAKING A judge has sentenced a teen to two years probation in the sexual assault of another student at St. Michael's College school

— Kaitlin Lee (@Kaitlin_Lee) November 2, 2021

Justice Manjusha Pawagi said she had to impose a sentence similar to those handed to other youth in the same incident. She also found that the teen was a strong candidate for full rehabilitation and unlikely to commit another crime.

“Given that two young persons involved in the same incident and in two others were sentenced to two years probation, and given the many mitigating factors described in detail earlier, I find that the less restrictive alternative of probation would be a proportionate and meaningful consequence that would hold (the accused) accountable,” Pawagi said.

The prosecution argued the teen should spend three months behind bars for what it called a “violent and humiliating” incident.

The defence argued the teen should receive a probationary sentence of two years with no jail time, like four others who pleaded guilty in the same incident.

The sexual assault was captured on cellphone video and shared widely on social media before police launched an investigation, which sparked a national discussion on hazing in youth sports.

The judge said the accused teen could have chosen not to participate.

No young person involved in the proceedings can be named due to provisions under the Youth Criminal Justice Act.

Three teens previously pleaded guilty to sexual assault with a weapon and assault with a weapon for their roles in the incident and an earlier one at the school. Each was sentenced to two years of probation. One of them also pleaded guilty to making child pornography for recording one of the sex assaults.

Caution: Graphic content

Police launched their investigation shortly after the November 2018 incident. At the time, a video circulating on social media appeared to show a frenzied sexual assault on a teenager by others who held him down and sexually assaulted him with a broom handle.

The 22-second video, which was played in court during trial, showed students laughing and yelling at the time.
The accused teen testified earlier this year that he had been bullied on four different days that fall. He said in some of those incidents he was slammed on the ground and dragged by his feet.

On the evening of November 7, 2018, he said a circle of boys in the locker room formed after a game. He said he was pushed into the middle of it and repeatedly told to hold the victim down.

He recalled then holding down his friend’s arms while two others wielded the broom. The teen said he felt he had to participate, otherwise, he’d be targeted.

His lawyer, Geary Tomlinson, described the locker room as a “chaotic, Lord of the Flies environment.”

Crown attorney Sarah De Filippis said the teen knew what he was doing and participated in the sexual assault.

The judge, in finding the accused teen guilty, said he could have chosen not to participate.