Crown seeks multi-year sentence in sex assault case

The Crown pushed for a sentence between two and three years in the case of a Colombian-born man found guilty of sexually assaulting a 16-year-old boy.

Misael Vargas, 47, drunkenly assaulted the teenager in September 2016. Following the assault, Vargas left two $20 bills under the victim’s pillow and later sent him text messages containing a “thumbs up” symbol and a dollar sign. Vargas was found guilty following an August trial, and his sentencing hearing was held this morning at Prince Albert Provincial Court.

Senior Crown prosecutor Catherine Gagnon pushed for a prison sentence of two to three years. Although Vargas had no criminal record in Canada or Colombia, Gagnon said he has not taken responsibility for his actions or acknowledged the harm done to the teenage victim.

Defence lawyer Scott Wolfe said Vargas does not remember the incident, and wishes to receive treatment for alcohol abuse. Vargas was assessed as a low risk to reoffend, Wolfe said, pushing for a sentence of 12 to 18 months. 

“He’s made some very poor choices while under the influence of alcohol,” Wolfe said. “His wife appears to be understandably furious.”

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During the hearing, Vargas sat in the gallery where he was assisted by a Spanish translator. Vargas spoke through the translator only to confirm he understood the proceedings and to confer with Wolfe.

Judge Hugh Harradence reserved his decision in the matter until late January. The lengthy delay was largely due to scheduling, as the court was required to work within the schedules of all parties including the translator.

Vargas is free on his own recognizance pending the conclusion of his sentencing, but Harradence added a new condition to his release which requires Vargas to completely abstain from alcohol. The judge said it was concerning that Vargas continued to drink after his conviction for sexual assaulting a minor while heavily intoxicated.

“I’m surprised he’s still drinking at all,” Harradence said. “That should be of huge concern to him.”

Taylor.macpherson@jpbg.ca

On Twitter: @TMacPhersonNews