Conditional sentence for sexual assault - North Shore News
Jane Seyd
jseyd@nsnews.com

A North Shore man who molested the 16-year-old daughter of a female friend was handed a six-month conditional sentence Oct. 20 and ordered to take counselling after pleading guilty to sexual assault.

Mark Van Mulligen, 37, was handed the sentence by Judge Judith Gedye in North Vancouver provincial court.

In handing down her sentence, Gedye told Van Mulligen he had abused a position of trust with the teen.

"You knew it was morally wrong," she said. "This was completely forbidden, off limits. . . ."

Gedye also sentenced Van Mulligen to two years of probation.

Crown counsel Jeremy Crowhurst told the judge Van Mulligen had been a friend of the girl's family for a number of years. Sometimes, when the girl - who lives in another Lower Mainland community - needed a place to stay on the North Shore, she would call Van Mulligen and ask if she could stay with him.

On the night of the assault, the teen came over to Van Mulligen's house after she had been out partying with friends. While she was lying on the couch, and Van Mulligen thought she was asleep, he began fondling her, putting his hands under her clothing and penetrating her with his fingers.

When she went home and told her mother, her mother at first didn't believe her, said Crowhurst.

Later on the girl confronted Van Mulligen about what had happened in an instant messenger communication over the computer.

He responded by writing to her, "You never told me to stop. Guys are going to do this to you when you've been at a party and you've been drinking."

The teen then printed out the messages and showed her mother, who changed her mind about the incident.

Defence lawyer Herb Chambers told the judge Van Mulligen is very remorseful and ashamed of his actions. He added Van Mulligen was himself a victim of sexual abuse as a child.

In sentencing Van Mulligen, Gedye noted that he was twice the girl's age and was trusted by her as providing a safe place to stay.

"You are an adult in this situation and she is the child," said Gedye. "You have a responsibility of not taking advantage."

She added the idea that any girl's or woman's silence should be taken as permission for sexual activity is "so wrong. . . . If in 2006, it's still fair game, that's something that has to change."

published on 10/27/2006