Man jailed for child sex crime 0
A local man has been convicted of sexually touching young girls for a third time and sentenced to one year in jail.
Daniel Swarath, 40, was convicted of sexual interference with an 11-year-old girl following a trial held intermittently in 2008. He was sentenced Wednesday in Sarnia court.
In May of 2007, Swarath was in the community swimming pool in Petrolia when he repeatedly pulled the girl’s hand onto his penis, both in the water and later the same day at his home.
The victim said the touching in the pool occurred as Swarath was pulling her back and forth in the water.
Video was played during the trial from a pool surveillance camera, and although no sexual touching was visible it did support the girl’s testimony.
The girl told the court she wasn’t sure at first what he was doing.
Justice Deborah Austin said she accepted that Swarath placed her hand on his penis six to 20 times.
That he believed the swirling water would conceal the offence in the pool from other people showed boldness on Swarath’s part, she said.
The girl, who said she liked and trusted Swarath, has suffered significant and long-lasting impacts, the judge added.
Assistant Crown attorney Richard Weatherston called for a jail sentence of a year or more. Swarath has prior convictions for similar sexual offences in 1996 and 1990, and has shown an ability to exploit children even when other people are around, he said.
The prior charges resulted in sentences of probation.
As part of his defence, Swarath presented a video that he had shot of himself in the nude, to demonstrate that his excess stomach fat would have made it impossible for the girl to touch him.
Austin rejected the video evidence.
After the pool encounter, Swarath again had the girl touch him at his home, after which she locked herself in her mother’s car.
The mother testified when her daughter told her what happened she was shocked, and repeatedly asked her if she was sure.
“I didn’t handle the situation very well . . . part of me didn’t want to know the details,” the mother said.
No relationship existed between the girl’s mother and Swarath, who was a resident of Inwood at the time.
Austin also rejected Swarath’s claim at the sentencing that the sexual touching resulted from Tourette syndrome, a disorder characterized by the presence of physical and vocal tics.
He said he suffered from involuntary sexual touching, which led to the the first two convictions.
“It was my Tourette’s but I pled guilty,” he said.
Austin said the syndrome didn’t account for nor excuse his action, which she described as controlled and deliberate.
Once freed from jail, Swarath will be on probation for two years and be included in national sexual offender registry for 20 years.
He must also take sexual offender counselling.
A convicted child molester is facing a slew of new sexual assault charges that dates back between January 1993 and December 1999.
Daniel Swarath, 44, of Sarnia, has been arrested and charged with four counts of sexual assault, four counts of sexual interference and one count of invitation to sexual touching.
Sarnia police say the alleged incidents involve victims that Swarath knew.
He will appear for a bail hearing on March 28, 2014.
The charges have not been proven in court.
Swarath has a history of sexual assaults. In October 2010, Swarath was convicted of his sixth sexual offence involving young girls, and was sentence to serve 229 days in jail in a London court.
At the time of Swarath’s arrest on the previous charges, London police said Swarath was parked in his car when he invited the girl to look inside and he exposed his genitals.
On Oct. 5, at the Sarnia court, Swarath was sentenced to nine months in jail, which had been served in pre-sentence custody.
Swarath pleaded guilty to sexually assaulting two young girls he met through his church between 1996 and 2000 in Sarnia.
The Sarnia charges occurred when one girl was five and the other was 10 years old.
At the church, he fondled the five-year-old while she sat on his lap in a rocking chair. He also placed her hand on his privates. He touched a 10-year-old through her clothing three times when Swarath took her to his parents’ home following Sunday school.
In passing sentencing on Oct. 5, Justice John Desotti said that Swarath was on the cusp of a possible Crown application to have him declared a dangerous offender. When a person poses a significantly high risk to commit future violent or sexual offences, he or she can be designated a dangerous offender and held in prison indefinitely.
Swarath is already on the national sexual offender registry.