Keremeos man convicted for exposing himself to boys
The details were graphic enough to make some in the courtroom uncomfortable.
A Keremeos man was found guilty of two counts of exposing his genitals to minors in 2011.
Judge Gregory Koturbash rejected the claim Roy Charles O’Donaghey made that his penis had accidentally been exposed to a boy. One of the complainants said O’Donaghey pulled the leg of his shorts to his side to let his dog lick his genitals. The youth said he did see O’Donaghey’s penis and the man stood up stating he was getting too excited and needed to walk around.
O’Donaghey told RCMP the dog was licking boils in his groin to clean them. His wife corroborated this by stating in her testimony that they believed the dog would lick the poison out of their wounds.
“Unfortunately dogs don’t get to choose their owners,” said Judge Koturbash in his decision on Thursday at the Penticton courthouse.
A second youth testified that while helping O’Donaghey move from Cawston to Keremeos he was shown playing cards with naked and nearly naked men on them. The youths were further exposed to what Crown called “sexualized conversations” when O’Donaghey told them that he met with a male friend weekly for sexual purposes and previously talked to one of the youths about masturbation.
The second complaint stemmed from an incident when one of the youths was in the back of O’Donaghey’s truck moving boxes when he came across a pellet gun. The youth said O’Donaghey pulled out his penis and put it on the back of the truck tailgate and told the boy to use it as a target.
The same youth alleged O’Donaghey told him a story that one time when he lived in Langley he was sleeping and a boy came to his room and sat on his penis. The youth said O’Donaghey told him that he was criminally charged but it was later dropped.
During closing arguments defence suggested the two exposure charges O’Donaghey faced should be dismissed because they were childish games of dare and were not for a sexual purpose.
Judge Koturbash sided with Crown counsel Catherine Crockett that O’Donaghey’s statements to the police about fighting certain urges he had, telling one of the complainants not to tell his parents about the dog incident and the fact he wanted to apologize to the youths showed the acts were sexually motivated and not innocent exposures.
Crockett argued this was all “backdrop for the exposure.”
Koturbash also rejected the notion that at least one of the exposure incidents was accidental. O’Donaghey told RCMP he had been raped by two men when he was 10 years old and acknowledged he did “slip up now and then.”
Koturbash found O’Donaghey not guilty of one count of breach where it was alleged he tried to contact the minors which went against his bail conditions.
He will return to court on Feb. 12 to fix a date for sentencing.