According to the facts of the case, in the first week of July, 2008 Daniel met the complainant and her father at a bar and sat with them.
The teenage girl’s father left them alone and that was when Daniel committed the act.
According to the virtual complainant’s statement to police, Daniel told her “Tell your father that to see if I wouldn’t burst your head and ring your neck.”
A medical examination indicated that the girl’s hymen was intact.
The state’s prosecution lawyer Wayne Norde’ said in his presentation of the facts that the accused admitted to touching the virtual complainant’s vagina. However, he denied to police that he threatened to “ring her neck.”
“If in case I said that, I just ask for forgiveness,” Daniel told the police in August, 2008.
David Bruney, the accused man’s lawyer, told the court that his client is a first-time offender and had been very cooperative with police.
“My experience with Peter Daniel is that he is not the brightest of people, but also I don’t find him to be the worst of people … he is very kind to his parents … I don’t believe this young man would put himself in a situation like that again,” Bruney pleaded.
He also said he believes his client never threatened the virtual complainant.
Judge Brian Cottle told Daniel he betrayed the trust of the girl’s father.
“This is a young child who is deserving of protection not only from her parents, but from society. You were her father’s friend … you betrayed that trust,” Cottle said upon sentencing Daniel.
The maximum sentence for indecent assault is 10 years.
While Cottle took into account the previously clean rap sheet of the accused, he also considered the need to send a message to such offenders that such behaviour should not be encouraged.