A Penticton man who exposed his genitals to a woman and two children at the Penticton Public Library parking lot will serve 45 days in jail.
In February 2016, a woman and two of the three children she was unloading from the van were approached by David Ernest Friesen. After a quick conversation, Friesen exposed his genitals to them.
“Overall I have experienced many emotions and it has taken a toll on me,” the mother of the children said in a victim impact statement read by Crown counsel on Monday by Ann Lerchs.
In the statement, the mother said has fears for her security and her children’s, along with fear of bumping into Friesen who has been out on bail since the incident.
Friesen, 65, was found guilty of committing an indecent act in a public place and two counts of exposing his genitals to a person under 16 in June. He also was found guilty of an additional charge of breach, which he was sentenced to seven additional days of jail time.
The pre-sentence report and psychological report showed that Friesen has mental health challenges that have led to numerous hospitalizations. In January 2011 he was found wandering around the emergency room pretending to be a doctor. The report also states that in January of 2016 he breached the terms of his probation and was arrested. He was subsequently hospitalized and Crown read from the report that he described as “sexually intrusive” and “bizarre.” He was also found on the maternity ward where he was introducing himself as a doctor.
Friesen was listed in the low to moderate risk of recidivism and it is his first conviction for a sexual offence. The report said should he re-offend it would be likely as a result of impulsive nature or mental health issues. Crown repeatedly mentioned his lack of addressing his mental health issues, which he was diagnosed with 32 years ago, as a risk factor.
While Crown counsel was asking for 90 days for the charges related to the exposure at the library parking lot, judge Meg Shaw handed the man 45 days in jail with seven days consecutive to account for the breach. A mandatory minimum sentence on the charge of exposing genitals to a person under 16 is 30 days.
Friesen will have to serve two years of probation once he has served his jail sentence. That will include several conditions including no contact with the mother or the three children, not to be in the presence of a person under 16 years of age unless with an adult approved by his probation officer and with written permission and not to by within 50 metres of the Penticton public library parking lot unless he is passing by in a vehicle or walking by on the sidewalk. He will also have to abide by a Rogers order which requires him to attend all medical appointments and take his prescribed medicine as directed by his physician.
