A 52-year-old British Columbia sex offender has been sentenced to 18 months in jail after being found guilty of attempting to watch a woman in a private changeroom at a community centre.
The complainant, referred to as Z.R. in court documents, said she was showering in a gender-neutral space after swimming at the SEAPARC in Sooke.
Z.R. “fled in fear” to the reception desk and police were called. They arrested Mark Istephan, according to the court document.
“The evidence at trial convinced me that he was the person in the adjoining cubicle and that he had attempted to watch Z.R. as she showered and dressed,” Judge Gouge said.
He also said that Z.R. was “terrified by the incident, and continues to suffer anxiety as a result of it, particularly when using public recreation facilities.”
This was not the first time Mr. Istephan had been in trouble on similar matters, the court heard.
In 2001, he was charged with attempted kidnapping after he attempted to pull a 13-year-old girl into his vehicle while she was waiting at a bus stop, the court document noted.
At the time, Mr. Istephan was referred to sex offender treatment. However, a report by the Forensic Psychiatric Services Commission said that Mr. Istephan had “no motivation” to participate in the treatment.
“Without a glimmer of motivation, referral of him to these programs would be a waste of time and resources. In my opinion Mr. Istephan’s resistance is significantly contributed to by his mental disorder,” the report said.
He was given an 18-month conditional sentence at the time.
Mr. Istephan was convicted again in 2007, this time for committing an indecent act in a public place after he was caught masturbating on a wharf in a swimming lake near Victoria, the court record said.
British Columbia Mental Health & Addiction Services was called to interview him to help with the sentencing in the case. However, Mr. Istephan “refused” to be interviewed, according to the court document.
He was sentenced to 60 days in jail and three years probation.
Mr. Istephan was convicted in 2009 for breaching his probation after he did not complete a sex offender counselling program that he had been referred to by his probation officer.
He was found to be in breach of his conditions again in 2014 after he was found within 200 metres of a school ground.
Judge Gouge noted that Mr. Istephan had been assessed by several mental health professionals between 2001 and 2008, but they could not agree on a diagnosis.
“They did note that he had suffered some physical damage to his frontal lobe, although the documents do not disclose the cause or extent of that damage,” the judge wrote. “Several of them assessed him as a moderate to high risk to re-offend sexually.”
The judge called Mr. Istephan’s refusal to participate in psychological assessment and treatment “unique.”
“He is a repeat offender who suffers from a mental illness and refuses to participate in medical procedures for assessment and treatment of his mental illness. As a result, he poses a material risk to public safety,” Judge Gouge concluded.
“In view of his resolute and consistent rejection of such assessment and treatment, the only sentence available to provide some protection for the public is incarceration.”
