SQLFusion - Boy feels pain of attack

Boy still feels pain of attack

Cornwall Standard Freeholder

16 April 2008

Posted By David Nesseth

The parents of a young boy who was sexually assaulted by an immigrant say the pain of the attack still resonates with their son.

"He just wants to put it all behind him, lead a normal life," the boy's mother told the Standard-Freeholder. "He feels like his freedom was taken away."

Through a Tamil interpreter, Vijitharan Yoganathan Tuesday learned of his 90-day jail sentence for sexually assaulting a young Cornwall boy in the fall of 2006.

The parents of the assaulted 13-year-old boy said they'd hoped for a stiffer sentence, or at least not an intermittent one.

Yoganathan's pregnant wife and some 16 members of Cornwall's Tamil community attended the sentencing, which included a three-month conditional jail sentence, followed by 12 months probation for the 25-year-old.

"That a young boy is taken in broad daylight, forcibly confined and sexually assaulted is despicable," said Judge Bruce MacPhee while handing down the sentence.

Yoganathan's wife, who wept openly, appeared relieved to learn the jail sentence will be served on weekends, allowing her husband to continue his work at a Cornwall manufacturer, and support their child, who is expected this summer.

The two were married in Sri Lanka before the assault took place. She has been in Cornwall for only six months, a family member said.

The youngster had been playing a game of ball hockey in the city's north end when Yoganathan took him into his nearby residence and sexually assaulted him.

"I want to get the message out there," the mother added. "The right thing to do is go home and tell your parents."

The boy's father said the legal tactic of playing the race card throughout the trial was ineffective, and the truth prevailed, he said.

Yoganathan's supporters still proclaim his innocence.

"I've got three kids and he played with them every day," said one supporter.

Other supporters questioned the lack of physical evidence in the trial, a point echoed by Yoganathan's defence lawyer during submissions for sentencing.

"There was no torturing, no hitting, no choking. You heard of a hugging, a humping, and a kiss to the neck area," the defence stated.

The defence argued a DNA sample should have been sought from the child's neck.

She noted another case of hers where saliva had been detected in a similar instance.

dnesseth@standard-freeholder.com

Article ID# 987251

Comments on this Article.

Sexual assault on a child is traumatic, no matter how 'severe' the defense tries to argue that it isn't. Saying that there was only 'hugging, humping and a kiss to the neck area' is like saying "well, he only stabbed him one time". We need to stop minimizing sexual assault. The effects of it are still the same regardless of the specific action. Maybe this is why people reoffend. "Well, I raped him last time, but this time I only fondled him". Give me a break. Let's be sensitive about this.

Reply | Report | Page Top Post #1 By Jillis

Good post Jillis, only in Canada can some one be Phucked on every level and nobody is held responsible, What a judicial system

Reply | Report | Page Top Post #2 By itinerant

so this pedophile get's 3 months conditional jail sentence and 12 month's probation for molesting a child and Perry Dunlop get's 6 months jail for not wanting to talk to the inquiry. Something is very wrong with our justice system when are the judges going to take child molesting seriously. 3 months is a joke 1 or 2 years would have been more to my liking!

Reply | Report | Page Top Post #3 By dodger,

Yes the system is broke and favours the pedophile. Alice in Wonderland.

Reply | Report | Page Top Post #4 By JungleLord,

Yes the system is broke and favours the pedophile. Alice in Wonderland.

Reply | Report | Page Top Post #5 By JungleLord,

And they say the weaver shed is not a coverup and they say its to see how institutions deal with allegations, cough! They say they want to correct mistakes in the system....cough

Reply | Report | Page Top Post #6 By JungleLord

Cornwall once again proves without a doubt justice does not prevail and the guility go free. The judge in this case should be disbarred from the court for neglect of duty and should be put in the jail to serve 6 months as Perry Dunlop was given for not wanting to talk at the Cornwall farce. Who the hell do this judges think they are God. What kind of message does this send crime pays in Cornwall and we see it everyday. The city where truth and justice are not heard of and the the guility go free always.

Reply | Report | Page Top Post #7 By what justice,

What's scary about this whole thing is the comment made about about the assault....I can't beleive that "hugging, humping and a kiss to the neck area" is being held as if there is no regard for this poor boy who took the abuse?!?! Are you kidding me?!?! Unwanted touching is sexual abuse! How would the judge feel or anyone for that matter, if your child was just "hugged" by a known sexual offender....I doubt then that they'd be sitting back saying "It's only a hug!!"
Absolutely disgusting!!!!

Reply | Report | Page Top Post #8 By MaryAnn P,

Well hello to you all and I hate to say it but the headline for this should read..........WELCOME TO CORNHOLE,"PRACTICE MAKES PERFECT!"! I feel so very sorry for that poor kid but if you look on the "bright" side of it, at least the diddler got caught and sentenced, if you call serving 90 days ON WEEKENDS "Punishment?". The poor kid who was sexually abused will have the horrible torment of that for the rest of his life as I have, but 90 days on weekends, holy phuck(hope you don't mind me borrowing your NEAT word Itinerant), no wonder child abuse runs so rampant in the HOLE. Intinerant, go back to yesterday's posts and check them all out (It's worth it, trust me) and all of you do the same and you'll see something I wrote and forwarded to the Inquiry. Dave

PS Now I wonder what the CCR is going to do for this poor abused kid, cheer because the abuser got a WHOLE 90 day sentence to be served on weekends or are thy going to have a "Visioning Day" or rock garden or monument so they can try to ease the guilty minds of CornHole, eh?

Reply | Report | Page Top Post #9 By armagedon

Just for the courts info, I would allege child sexual abuse is defined in this way, if a child was unwantingly touched in a private part of their body, then that's child sexual abuse but then CornHole doesn't see things the way the rest of the world does, and THAT"S OBVIOUS!!!!!! Now I don't know about y'all, but when I'm "humping" my wife, that's sexual so figure that one out, but she was in agreement and ABSOOOOOOOOOOOlutely loved it, just ask me. So I would suggest to you that in the case of a child, "humping" as the article says IS SEXUAL ABUSE, but just not in CornHole, eh?

Reply | Report | Page Top Post #10 By armagedon

Disgusting abuse of authority by the legal system. Disgusting lack of fortitude when giving judgement. Weekends. Really?

And They spend big money to fly Perry across Canada, house him for big money and let the pedophiles do weekends...YOU ALL MAKE ME SICK YOU BASTARDS, FU!How about putting pedophiles in jail full time, save the money on perry and send him home for house arrest on weekends....you F ing Bastards. FU

Reply | Report | Page Top Post #11 By JungleLord,

When ids this local paper going to start to support these abused children get your ace reporter onn the job Claude the whimp McIntoish to start doing what you pay him to do and start going after our justice system. Stop being a netural bystander.

Reply | Report | Page Top Post #12 By what justice,

Oh JungleLord, I sooooooo agree with you totally and as for Perry being put on "house arrest", I agree but the strange thing is, he reported it and got screwed for 6 months in jail and now this abuser gets weekends, I just don't know what else to say. Yeh I do, THE LAW IS AN ASS!!!!!!!!!!!!!!!!!!!!!

Reply | Report | Page Top Post #13 By armagedon

dis article is pure bull****...der is no evidence dat proves he assaulted da kid...n plus y wuld he want 2 assault da kid wen he jus got married..der is obviously sum kind of foul play goin on in dis case...da article says nuttin from da point of view from da accused....dis is racism, discrimination, n i find it offencive 2 all immigrants...wen der is no solid evidence how can da accused get a sentence...its da victims word against da accuseds...dis city is so racist

Reply | Report | Page Top Post #14 By Soccer Lanakan,

All you guys are stupid...You have no proof that the kid was assaulted and have no DNA to prove that it was the man accused...and why would you use the name of the accused and didn't metion the name of the so called "Victum"...And you have to get the facts strait before you start writing acticles that could offend other Tamil citizens...

Reply | Report | Page Top Post #15 By tamil--pride,

dis case is bull****..wat was wrong wid da kid..dusnt he hav a voice..if he was gettin grabbed n forced into a house wuldnt he hav yelld or tried 2 escape...n plus der wuld hav been marks on da kid if he was forced n taken 2 a house...i say da kid is makin da whole story up..n in broad daylight..com on der wuld hav been a bunch of houses around...n as if no one wuld c dis happenin n try 2 stop it..do u all honestly believ da kid is still da victim?

Reply | Report | Page Top Post #16 By Soccer Lanakan,

I totaly Agree. dis case is bull****. if there is no prove of thats the person done it. they shouldn't accused his name out. I think that the kid is makin up all thiz ****.. Thiz case is totaly bull****.

Reply | Report | Page Top Post #17 By Soccer Crew,

Well for all the diz and dat and dis and dat,I don't know nor do I give a damn from what country you come from BUT when ANYBODY in Canada "HUMPS, HUGS and KISSES" a 13 year old boy against his will as the DEFENCE claims happened, "den y'all, dat dar" is called SEXUAL ABUSE whether you like it or not! Pretty simple to understand no matter what language is spoken, THIS IS CANADA AND THESE ARE OUR LAWS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Reply | Report | Page Top Post #18 By armagedon

And just as an afterthought, are Posts#14,15,16,and 17 saying what you're saying because you are from the community, or do you really believe what you are saying or to be more to the point, do you even know what you're talking about? From the sounds of it, you don't and you're the only ones who don't.

Reply | Report | Page Top Post #19 By armagedon,

To Post#15, get one of your interpretors to read the bloody article and EVEN YOU CAN SEE THAT THE GUILTY MAN'S OWN DEFENCE LAWYER STATED AND I QUOTE:

"Other supporters questioned the lack of physical evidence in the trial, a point echoed by Yoganathan's defence lawyer during submissions for sentencing.

"There was no torturing, no hitting, no choking. YOU HEARD OF A HUGGING, A HUMPING, AND A KISS TO THE NECK AREA," THE DEFENCE STATED"!

Now, just what the hell part of that DON'T you understand? He was also CONVICTED so in spite of what you and your pals say, he was proven guilty and convicted. Simple as black and white.

Reply | Report | Page Top Post #20 By armagedon,

All you people don't know the whole story to this and you all are judging to early. Just beacuse the newspaper article says it doesn't mean it is necessarily true. In the past there have been many articles that have been wrong. This article is bull****, The guy who wrote this has to get his facts straight before you write stuff that can offend and discriminate the tamil community. First all why would you use name of the accused? You already used immigrant don't you think that is enough? You know what the strange thing is, this all happened in broad daylight right. I would think that the boy would of yelled and tried to escape if he was being forcefully tooken. Oh yea another no brainer wouldn't someone of heard him or even seen him. I wonder what good neighbourhood watch does then! Oh wait theres another thing where the fuk is the marks on the kid if he was forcefully tooken! And the kid was hugged and kissed and stuff well where the fukin DNA test than! I would think this bullshyt is important enough to save an innocent mans future! You know what i think happened during the court ruling jus because it was a boy supposedly being assulated the court favoured the kid instead of the so called accused. For fuk sakes before you say and write shytt think a lil. Ow ye this town we live in is a racist community whether you noe it or not!

Reply | Report | Page Top Post #21 By tamizhan1,