No pen for Sudbury man who had sex with girl, 11, Plea deal struck because victim too ‘frail’ to testify by Harold Carmichael, Mar 13, 2024, The Sudbury Star
A Sudbury man who had sex with an 11-year-old girl won’t be going to the penitentiary in part because the victim would have found it too difficult to testify.
Instead, Chase Noble will serve a conditional sentence of two years less a day that consists of house arrest and a curfew
If convicted at trial, Noble, 25, could have been looking at a prison term of three to five years.
(Earlier this month, a Sudbury judge imposed a three-year sentence on Jesse Hammer, even though he thought the sentence could have been longer. Like Noble, Hammer used Snapchat to lure an 11-year-old girl to his apartment two years ago, where they had oral and manual sex.)
“Mr. Noble: these are very serious offences you face,” said Justice Dan Cornell 
another Steve Harper judge in his decision. “The facts are quite aggravating given your age and the age of the victim … This is a very fragile victim and a trial is a very difficult process to endure. This is very far from a sure guilty verdict. By pleading guilty, you have, to some extent, taken responsibility for it and avoided a trial, having the young person testify.
“Although in this evidentiary case, a penitentiary sentence would have been appropriate, given the facts put forward by (defence lawyer) Mr. (Michael) Venturi and the Crown, I am satisfied this is an appropriate disposition.”
Noble pleaded guilty on Wednesday to touching for a sexual purpose a person under 16 years with a part of his body (sexual interference) in the Superior Court of Justice.
His plea averted a one-week trial.
Justice Cornell also imposed a two-year probation order, a 20-year listing on the national sex offenders’ registry, a DNA order, a 10-year weapons ban and a 10-year community supervision order.
The victim’s “fragility” played a big part in producing the “unusual resolution, said assistant Crown attorney Jamie Rivard.
She said that Venturi and former Sudbury Crown attorney Rob Parsons had negotiated the case’s settlement.
“It’s a very extraordinary case,” Rivard said. “The victim in this matter is very frail. The Crown had significant concerns for her health and well-being had this gone to trial … Mr. Noble taking full responsibility for his actions without requiring (the victim) to testify is the best outcome.”
While the conditional sentence is “extremely lenient,” Rivard said that “Mr. Noble will see the consequences of his actions for at least two decades.”
Rivard also noted that the victim and her family agreed to the sentence and it gives them finality.
The conditional sentence will consist of nine months of house arrest and then a curfew. Conditions include Noble:
– remaining in Ontario;
– having no contact with the victim;
– having no contact with minors except with adult supervision; and
– taking treatment as directed, in particular, for sexual relapse prevention.Guaranteed not to work; pedophiles are untreatable, that’s been proven again and again and again. Besides, it’s not sex relapse, it’s rape relapse, calling it sex relapse is cruel and wrong, and revictimizes the victim.
The probation order includes many of the same conditions, but Noble must also make a $3,000 donation to the Sudbury Food Bank.
The 10-year community supervision order includes such conditions as:
– Noble not attending public places such as playgrounds, parks and schools where children attend;
– not having a job or being in a position of authority involving minors;
– having no contact with minors unless with adult supervision; and
– having no internet access except for employment or with adult supervision.
Noble did not have a prior record.
The court heard that in November 2021, Noble – 23 at the time – sent a follow request to an 11-year-old girl on Snapchat. She accepted and over the following three weeks, they communicated frequently.
On the night of Nov. 28, Noble offered to pick the girl up at her home and she agreed. She snuck out as her parents were sleeping.
Noble picked the girl up and drove around for about one hour. He then parked in the parking lot of an elementary school in the Minnow Lake area.
The pair kissed, performed oral sex on one another, and then had intercourse in the back seat.
Noble was later arrested and charged.
In his sentencing submission, Venturi said Noble, who never finished high school, may have undiagnosed anxiety or attention-deficit hyperactivity disorder (ADHD).
Venturi said Noble works full-time and had completed a John Howard Society anger management course as “he has been working on controlling his emotions.”
He said the joint sentencing submission came after numerous pre-trial meetings and case conferences. Had the case gone to trial, he said some issues would have made it hard for the Crown to prove its case.
“There were certain frailties in the victim’s evidence,” said Venturi. “The plea of guilt in this case carries significant weight … This sentence is a reflection of the strength of the Crown’s case and the practical reality Mr. Noble has elected a plea to a sexual offence.”
As a result of the guilty plea, the Crown dropped other offences Noble was facing.Did he rape other kids?
***
Sandy Garossino @Garossino:
- A 25 year old man doesn’t “have sex with” an 11 yo girl, he rapes her.
- Could we please get accurate reporting of sentencing, @SudburyStar?
eg: Did the Crown and defence negotiate a CONDITIONAL DISCHARGE for the rape of a child?
The circumstances of this case (frailty of victim in testifying) suggest that the Crown was not confident it could get a conviction.
Nonetheless–this is a repugnant result, given that the accused admitted his actions.
Julia Longpre@juliamarblefaun:
Who wrote this headline and how many people saw it and were fine with it before it went ahead??
Fucking hell.
The comments:
This is the most disgusting of headlines. It minimises what he did to the poor child, and makes her complicit in her rape.
You editors at Sudbury Star need to under go some sensitivity training and learn the difference between consensual sex and child rape.
Robin Cameron:
It’s is not sex with an 11 year old, it’s RAPE. This statement is victimizing the child all over again.
S Dunn:
This is the correct wording. Leave it to the media to downplay it for what it really is. Disgusting.
KENNY JOHNSON:
This case proves that our judicial system is far too lenient.
As our Federal Conservative Leader quipes: Catch and Release.
This predator should be in a FEDERAL JAIL.
Let his fellow inmates take care of justice.
Van Lustig:
Technically t is called, “Statutory rape.”
Meagan Grant
“Sudbury man who had sex with girl”
Men can’t have sex with children – this is rape.
The whole situation is horrific, and the choice of words are minimizing the crime. He is a predator who groomed, lured, and raped a child.
Youneed Todobetter:
I’m sorry, an adult doesn’t “have sex” of any kind with a minor. That is rape, full stop.
Stu Cleus:
Bill 63 proposes you can go to jail for life for words but sexually abusing a child gets no prison time. …
Don Brown:
Nobody in Sudbury supports child rape. Get a grip.
M D:
For shame on the legal system.
Don Glenn:
While the conditional sentence is “extremely lenient,” Rivard said that “Mr. Noble will see the consequences of his actions for at least two decades.”
HaHaHa. What a Stoopid justice system..sorry, Stoopid no justice system here in Canada.Notably no justice in Canada when women and kids are raped.
Daniel Leroux:
something wrong here, no less than 20 years, lifetime on sex registry at minimum.
Stu Cleus:
Disagree, physical castration as a starting point, it’s gets worse from there.
Michael Hitch:
This headline is terrible. It lessens the severity of the crime this man committed against a child.
Stu Cleus.
Paid propagandists only print what their masters tell them to
Daniel Leroux;
I agree
|Diddy Did it| Objective Eh@ionfollowhoes:
No jail time for chase noble who raped an 11 ye old in Sudbury? …
da bébé@kathleenanner:
Sudbury News: Jesse Hammer, 29 – raped an 11 year old.
Chase Noble, 25, also raped an 11 year old.
I never say this – but what the fuck is wrong with this place?And what the fuck is wrong with Canadian judges!?
@megankay66:
fucking foul
Kevin Keeler @Kevin_Keeler6:
They’re both sick fucks
Refer also to this tiny sampling of rape-enabling judges and lawyers:
2019: “It’s the judges!” enabling rape and murder of women. No kidding. In Canada too.
