by Kyle Wells [email protected] A Powell River woman charged in a case involving the production of child pornography pled guilty on Tuesday, October 4 and has been sentenced to 90 days in jail.
The woman, whose name cannot be published in order to protect the identity of her daughter, faced charges after taking nude photos of her nine-year-old daughter at the request of her lover. The facts of the case came to light in April 2011 when the lone male involved, Daniel Kressel, pled guilty to producing and possessing child pornography and received a sentence of 120 days in jail and three years’ probation.
At the woman’s sentencing the facts were once again divulged. The woman, while having an ongoing adulterous relationship with Kressel, took 10 nude photos and a video. The woman sent the photos, which the court described as
sexualized, to Kressel.
Lawyers from both sides submitted that the woman’s relationship with Kressel had a “master/slave” component and that he had been the driving force behind her taking the photos. Lawyers also explained that since the arrest the woman has been the target of much public stigma, that she is genuinely remorseful and that she has twice been admitted to hospital for mental health problems as the result of stress.
The woman spoke briefly before judge Ann Rounthwaite retired to make her decision. She said that she knows what she did was wrong and stated “I’ll never do it again. I’m just sorry.”
“It is hard to imagine how a parent could be so in thrall to another person that they would violate the trust of a young daughter and make pornography using her,” wrote Rounthwaite in her judgement. “This is so monstrous to most of us that no jail sentence seems long enough to denounce the conduct and deter others from such behaviour.”
Rounthwaite wrote that at first she was reluctant to accept counsel’s proposed punishment, given the severity of the crime. She explained though that sentences must be “proportionate to the degree of responsibility” and that as counsel agreed Kressel is primarily responsible, the woman’s sentence should be less than his. She also said that due to the unique nature of the charges no similar case could be found for precedent.
“You realize the terrible thing you’ve done,” said Rounthwaite to the woman. “That’s a penalty that will be yours for the rest of your life.”
The woman’s sentence will be carried out on weekends in Powell River lock-up, in order to allow her to continue working and to be able to keep her house. She is not allowed contact with her daughter unless allowed by the ministry of children and family development or by family court order. Once her jail term is complete the woman will remain on probation for one year and will be registered as a sex offender for 20 years.
