Warning: This article discusses sexual and child abuse.
An Alberta judge sentenced a Fort McMurray, Alta., woman to 10 years in prison on Wednesday, after she was convicted of child pornography charges and sexual interference of a minor.
On Wednesday, Court of King’s Bench Justice Shaina Leonard said Marlena Bennett, 37, committed the offences to appease her partner, Andrew Wall, but she still had high moral culpability.
Leonard also believes Bennett to be a risk to the public and children, because Bennett is still in a relationship with Wall and has been unwilling to end communication with him.
Bennett and Wall were arrested in February 2021, after police seized their computers and electronic devices in October 2020 and conducted a forensic analysis, according to the 2021 ALERT release.
The child pornography investigation involved an infant victim, police said.
Bennett was initially charged with two counts of distribution of child pornography, and one count each of possession of child porn, sexual assault, sexual interference and bestiality.
Earlier this year, she was found guilty of the child porn charges and sexual interference.
With credit for time spent in remand before trial, she has just over nine years left to serve.
The judge also imposed multiple conditions on Bennett, including prohibiting her from communicating with Wall during her sentence. She also recommended that Bennett attend a program for sex offenders offered by Corrections Canada.
Moral culpability attenuated by Wall’s behaviour
Defence lawyer Frank Carbonaro acknowledged Bennett’s offences were severe, but argued her moral culpability was reduced because she was in an unhealthy relationship with Wall.
Bennett faced significant duress, coercion and bullying by Wall when she committed the offences, he said.
Leonard said Bennett’s moral culpability was high, but agreed Wall’s behaviour played a role. The judge noted Bennett had tried unsuccessfully to resist Wall and that she committed the offences to please him.
However, Bennett has stayed in touch with Wall since the arrest, and she considers them still in a relationship, Leonard said, adding that Bennett has been unwilling to stop communicating with Wall.
As a consequence, Leonard found Bennett is still a risk to the public and to children.
According to the expert report received by the court, Bennett poses a moderate risk of reoffending. She was described as a likely target of coercion, leading to further offences.
Bennett engaged in the production of child sexual abuse material through lengthy text messages and “vulgar and explicit” images she shared with Wall, the report said.
Bennett did not speak during the sentencing hearing. Carbonaro, her lawyer, declined an interview.
Crown satisfied with the sentence
Crown prosecutor Bonnie Parker was pleased with the “very well-articulated” sentence and does not plan to appeal it, she told CBC News after Wednesday’s hearing.
The sentence is significant, given Bennett’s involvement, “but was critically necessary given the aggravating factors,” Parker said.
Bennett doesn’t have a previous criminal record, so Parker hopes the sentence sends a strong message, she said.
“I would hope women of every background appreciate that infants are not appropriate sexual partners — and if your partner wishes to have a sexual relationship with an infant, you need to be strong enough to get out of that relationship,” Parker said.
Parker said “there’s no doubt” that Wall is more culpable than Bennett because he coerced her. But she finds it concerning that Bennett “does not seem to appreciate that he was manipulative and coercive,” given Bennett was abused and manipulated during her childhood.
“If she is released from custody and does get back together with [Wall], the expert report recognizes there’s a very real risk that she will commit similar offences,” Parker said.
Wall will be sentenced at a later date, which hasn’t yet been set.
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