Fort McMurray woman sentenced to 10 years for child porn, sexual interference

Warning: This article discusses sexual and child abuse.

An Alberta judge sentenced aFort McMurray, Alta., woman to 10 years in prison on Wednesday, after she was convicted ofchild pornography charges and sexual interference of a minor.

On Wednesday, Court of King's Bench Justice Shaina Leonardsaid Marlena Bennett, 37, committed the offences to appease her partner, Andrew Wall, but she still hadhigh moral culpability.

Leonard also believesBennett to be a risk to the public and children, because Bennett is still in arelationship with Wall and has been unwilling to end communication with him.

Bennett and Wall were arrested in February 2021, after police seized their computers and electronic devices in October 2020 and conducted a forensic analysis,according to the 2021 ALERT release.

The child pornography investigation involved an infant victim, police said.

Bennettwas initially charged with two counts of distribution of child pornography, and one count each of possession of child porn,sexual assault, sexual interferenceand bestiality.

Earlier this year, she was found guilty of distributing child pornographyand sexual interference.

Wall was found guilty of sexual interference and possessing and distributingchild pornography.

Bennett and Wall were also charged each with sexual assault. That charge against both of themwas stayed.

The pair were both found not guilty of bestiality.

With credit for time spent in remand before trial, Bennetthas just over nineyears left to serve.

The judge alsoimposed multipleconditions on Bennett, including prohibiting her from communicating with Wall during her sentence.

Some of these conditions include a lifetime ban from places such as parks, swimming pools and playgrounds. Bennett is banned from communicating with or working with people under 16 years of age without supervision. She must submit a DNA sample.

Leonard alsorecommended that Bennett attend a program for sex offenders offered by Corrections Canada.

Moral culpabilityattenuated by Wall's behaviour

Defence lawyer Frank Carbonaroacknowledged Bennett's offences were severe, but argued her moral culpability was reduced because she was in an unhealthy relationship with Wall.

Bennett faced significant duress, coercion and bullying by Wall when she committed the offences, he said.

Leonard said Bennett's moral culpability was high, but agreed Wall's behaviour played a role.The judge noted Bennett had tried unsuccessfully to resist Wall and that she committed the offences to please him.

However, Bennett has stayed in touch with Wall since the arrest, and she considers them still in a relationship, Leonard said, adding that Bennett has been unwilling to stop communicating with Wall.

As a consequence, Leonard found Bennett is still a risk to the public and to children.

According to the expert report received by the court, Bennett poses a moderate risk of reoffending. She was described as a likely target of coercion, leading to further offences.

Bennett engaged in the production of child sexual abuse material through lengthy text messages and "vulgar and explicit" images she shared with Wall, the report said.

Bennett did not speak during the sentencing hearing. Carbonaro, her lawyer,declined an interview.

Crown satisfied with the sentence

Crown prosecutor Bonnie Parker was pleased with the "very well-articulated" sentenceand doesnot plan toappeal it, she toldCBCNewsafter Wednesday's hearing.

The sentence is significant, given Bennett's involvement, "but was critically necessary given the aggravating factors," Parker said.

Bennett doesn'thave a previous criminal record, so Parker hopes the sentence sends a strong message, she said.

"I would hope women of every background appreciate that infants are not appropriate sexual partners and if your partner wishes to have a sexual relationship with an infant, you need to be strong enough to get out of that relationship," Parker said.

Parker said "there's no doubt" that Wall is more culpable than Bennettbecause he coerced her. But she finds it concerning that Bennett"does not seem to appreciate that he was manipulative and coercive," given Bennett was abused and manipulated during her childhood.

"If she is released from custody and does get back together with[Wall], the expert report recognizes there's a very real risk that she will commit similar offences," Parker said.

Wall will be sentenced at a later date, which hasn't yet been set.