By Lethbridge News Now (Patrick Burles)

Sexual assault victim awaits decision on lifting publication ban

Jan 25, 2018 | 4:25 AM

LETHBRIDGE – A young Lethbridge man continues his push to have a publication ban lifted, which prevents him from being identified as the victim of a sexual assault.

During an appearance in Lethbridge court Wednesday, Jan.24, the now 21-year-old man said it’s important in his efforts to help both himself and others.

“Being who I am as a person, it helps me out knowing that I’m able to help others out,” he explained. “But, unfortunately, if those others don’t know who to go to if they ever need anyone for support who has gone through a similar thing, they will have no idea that I am one of the individuals that they can go to.”

Speaking to Judge Derek Redman during the hearing, the man said he wants other victims of similar crimes to be able to come to him for support and guidance and know that they are not alone.

He cited support he has received from Zachary Miller, who was sexually assaulted at the age of 10 and had a publication ban removed from his name 10-years later, allowing him to become a voice for other victims.

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“He has helped me drastically,” the young man said of Miller. “If I hadn’t known anything about his case, I wouldn’t have been able to locate him, and I wouldn’t have been able to ask him, ‘What are the results of getting the publication ban lifted?’ I was lucky enough for him to reply to me and let me know all the potential risks, I guess per se, of getting the publication ban lifted.”

The man was sexually assaulted by Jamey Brian Kristian when he was between the ages of 10 and 14. Kristian also admitted to sex crimes against two other young boys and taking surreptitious photos of boys in change rooms at Nicholas Sheran and Stan Siwik pools in Lethbridge.

During Kristian’s sentencing in June of 2016 – at which time he received a 12-year prison sentence, which was later reduced to nine years upon a successful appeal – the man first applied to have the ban lifted. Redman rejected it, telling him that he could reapply at a later time.

A second application was made in 2017, and with a decision expected today, Redman instead told those in attendance that he required more time. He explained that he needed to ensure he has the power to make such a decision.

While Specialized Prosecutions – who handled Kristian’s case – were initially opposed to the application, their representative at the hearing, Crown prosecutor Dawn Janecke, said they no longer take a position, and that it should be at the discretion of the judge.

Kristian’s lawyer, Greg White, told the court that publication bans on a victim’s identity are important to ensure that they have full confidence their names will never be revealed, giving some the added courage to come forward. White suggested that Parliament designed the legislation to ensure such bans could not be removed for that reason.

When given a chance to address the court, the man admitted that he had once felt guilty for what happened to him and the other victims, and that he didn’t say something sooner.

“I now realize that everything that happened was totally out of my control,” he said. “I no longer need protection.”

Having heard from everyone, Redman noted the importance of getting such an important decision right, saying he would have it completed in writing when the matter returns to court in February.