Victoria man sentenced to 12 years for sexually interfering with two foster children

Victoria man sentenced to 12 years for sexually interfering with two foster children
CHEK

Warning: This story contains graphic details, which may disturb some readers

A Victoria foster parent convicted of sexually assaulting two children in his care was sentenced to 12 years in prison Friday.

Back in March, a B.C. Supreme Court jury found Kurk MacKay, 42, guilty of two counts of invitation to sexual touching and two counts of sexually assaulting two children.

The charges carry a mandatory minimum sentence of one year, up to a maximum of 14 years.

The children were placed into MacKay’s care by the Ministry for Children and Family Development. The offences took place from 2005 to 2009 and involve multiple incidents of sexual assault against a boy for four years, starting when he was five-years-old.

The second victim was a seven-year-old girl.

The two victims were not siblings and were no longer with the MacKays when they separately told West Shore RCMP what had happened to them. The ministry started investigating and notified police.

During the trial, the court heard that MacKay had anal intercourse with both of the victims. There were also several occasions involving fellatio with the male victim.

Prior to the sentencing, defence lawyer John Gustafson noted MacKay had no prior criminal record. His long-term employment with the Department of National Defence was also brought forward to the court, as did MacKay’s family. 

His eldest daughter and wife testified for the defence along with MacKay.

The two charges of sexual assault were conditionally stayed. At the time of the offences, there was no mandatory minimum sentence for sexual assault.

Justice Brian MacKenzie sentenced MacKay six years for each count of sexual touching, for a total of 12 years. There was once count for each victim.

The two sentences will be served consecutively, minus 138 days for time served.

MacKay must provide a DNA sample and is prohibited from a job or volunteer responsibilities that would put him in a position of trust with individuals under the age of 16.

Prior to the sentencing, defence lawyer John Gustafson noted MacKay had no prior criminal record.

His long-term employment with the Department of National Defence was also brought forward to the judge before sentencing.

Court heard that MacKay had been an electrician for 15 years. His relationship with his family was also brought forward to the judge. MacKay has two daughters and two sons. One of his sons is adopted.

His eldest daughter and wife testified for the defence along with MacKay during the trial.

The Crown noted the severity of the sexual assaults, the vulnerability of the children who were in foster care and a breach of trust between a foster parent a child.

Alexa HuffmanAlexa Huffman

Recent Stories

Send us your news tips and videos!