PENTICTON, B.C. — A teenage girl won't spend time behind bars after admitting that she orchestrated a sexualized game of truth or dare involving her 18-year-old foster brother and a 12-year-old girl.
A judge in Penticton, B.C., handed the girl a conditional discharge Monday after the now-16-year-old pleaded guilty to sexual assault for the incident, which took place in the basement of a foster home in 2014.
She was sentenced to 15 months probation, but if she complies with the terms, the conviction will be erased from her record in three years.
An agreed statement of facts says the girl, who was 14 at the time, suggested her then 12-year-old friend play truth or dare with her foster brother, who was 18.
The game progressed from kissing and lap dances to oral sex and anal intercourse, with the offender directing each activity using an application on her cell phone to come up with ideas.
The statement of facts says the 12-year-old girl agreed to go along with the game because she wanted to keep the offender as one of her few friends.
The offender watched but did not participate because she considered the 18-year-old male to be her brother.
The next day, the 12-year-old girl told her parents about what had happened.
Prosecutor Andrew Vandersluys told the court the assault has had a long-lasting impact on the girl.
"She describes depression, anxiety, panic attacks. She has trouble trusting people," he said, reading from a victim impact statement.
Defence layer Tyrone Duerr said the incident has had a "traumatic effect" on his client, too.
"She's generally a good kid. She doesn't consume illicit drugs or alcohol, she goes to bed at a reasonable hour," said Duerr, adding that the teen follows the rules at the foster home she was moved to following the assault.
"This was a mistake — an unfortunate and terrible mistake," he said.
Conditions of the girl's probation include no contact with her former foster brother or the victim, except to offer an apology, and a ban on viewing or possessing pornography. She was also ordered to attend counselling as directed by her probation officer.
Her former foster brother was charged as an adult with three sex offences following the incident. He has pleaded not guilty and is awaiting trial.
