WARNING: The following story contains graphic and disturbing details.
BARRHEAD - A 25-year-old Barrhead man who sexually assaulted a 60-year-old developmentally disabled woman in 2021 received a close to three-and-a-half-year jail sentence.
Barrhead Court of Justice Bruce Garriock sentenced Samuel Hilderbrandt to 1,260 days in custody during a Dec. 10 Barrhead Court of Justice sentencing hearing accepting a joint Crown-defence submission after he pleaded guilty to one count of sexual assault.
In addition, Hilderbrandt will be subject to a 20-year Sex Offender Information Registration Act (SOIRA), submit to a DNA sample, a 10-year weapon prohibition, and a non-communication order with his victim.
However, due to the 705 days, Hilderbrandt has already served in custody at enhanced credit, which means he will only have to serve 202 days.
The Crown also withdrew a second sexual assault charge.
Statement of facts
Crown prosecutor Robert Klein said that sometime between early September and late November of 2021, Hilderbrandt sexually assaulted his victim on two occasions.
The complainant, who was 60 years old at the time of the offences, suffers from developmental delays, is high-functioning and lives on her own, receiving four hours of in-home support.
Klein said on Sept. 28, 2021, Hilderbrand was playing cards with his victim at her residence in the kitchen.
"At some point, the accused took the complainant to the bedroom, where they engaged in penile-vaginal intercourse," he said, adding the complainant did not consent to the act. "[She] told the accused to stop. [He] ignored the request and continued until he ejaculated."
Klein added that Hilderbrandt did not use a condom during the assault.
The Crown said the accused sexually assaulted the victim again in late November.
Like the first instance, Klein said the Hilderbrandt was at the victim's residence playing cards when, at some point, he took her to the bedroom where they engaged in penile-vaginal intercourse.
"The complainant did not consent to any form of sexual intercourse with the accused, and she told [Hilderbrandt] to stop on more than one time," he said, adding, like the first sexual assault, the accused did not wear a condom. "Prior to leaving her residence, the accused told the complainant that he would return in a few days and pay her $25 not to tell anyone what happened."
Klein stated after the second assault, the complainant went to the hospital and had a sexual assault examination performed.
As part of the examination, the complainant's pyjamas were seized and sent to a lab for DNA testing.
"The accused's DNA was found on both the complainants' pyjama shirt and pants," he said.
Victim impact statement
In the complainant's victim impact statement, read into the record by a relative, she said how afraid she has been since the incident.
"I felt like you were hiding behind bushes every time I went outside ... or behind buildings," the relative read. "Sleeping was hard because I would think of you in my bed. You made me sick and think about dying over and over."
The complainant also stated how she was worried that she had potentially contracted a sexually transmitted disease as Hilderbrandt had not worn a condom during the assaults.
"It was stressful and painful as I waited for the test results, wondering if I would test positive for one of them," she said. "I also shower a lot as I am terribly dirty and feel I can't get clean enough."
Crown's position
Klein stated that the accused has a criminal record and that in the court-ordered pre-sentencing report, the Crown.
He also referenced multiple similar cases where the accused received lengthy jail sentences of similar lengths.
However, Klein said the Canadian Supreme Court has stated: "That starting points are merely a helpful guide and not binding on a sentencing court."
But having said that, he then referenced an Alberta Court of Appeal case, which set the precedence that the starting point for a major sexual assault at three years.
Klein said aggravating factors include the accused targeting a vulnerable victim with a developmental disability, that he attempted to bribe her to keep quiet, as was the lack of condom use, and that there were multiple sexual assaults.
He also stated that several concerning statements in the pre-sentencing report regarding Hilderbrandt were made, such as, "How he would brag [to his uncle] about his past involvement and be proud of his criminal behaviour."
On the mitigating side, the Crown credited Hilderbrandt for his guilty plea, saving the time and expense of a trial and the need for the victim to testify.
The defence
Hilderbrandt's lawyer, Crystal McMahon, noted her client was a youthful offender, 22 at the time of the offence.
"It is acknowledged that the human brain is not fully developed until we are well into our 20s, and he is now coming to terms with these offences," she said, adding the pre-sentencing report identifies her client's struggle with addiction.
McMahon also noted her client's tumultuous upbringing, stating he is originally from Mexico and was given up for adoption when he was only a few months old.
Hilderbrandt has stated his biological parents were in the drug cartel.
She said while Hilderbrandt had a positive upbringing with his adoptive parents, they were very strict.
"He was introduced to the world of crime and drugs through his biological parents," McMahon said.
She stated earlier that Hilderbrandt connected with his biological parents when he was five and had periodic contact with them into his teen years.
McMahon stated the pre-sentencing report also noted there was a high probability that her client suffers from Fetal Alcohol Spectrum Disorder (FASD).
After her client is released, she said, Hilderbrandt is currently sober and doing quite well after attending addiction counselling and hopes to return to the Barrhead area to find employment.
"He has positive plans for the future and has [the support of a family member]," McMahon said. "He is a very bright young man. He is sober now and clearheaded and is ready to go forward in a positive light. He is also apologetic and remorseful. It is just that he has difficulties articulating that."
Barry Kerton, TownandCountryToday.com