A Langford man who spent three years in prison for sexually assaulting five women employees is returning to jail.
On Friday, B.C. Supreme Court Justice Jennifer Power handed Kyle Christopher Mostowy a nine-month sentence, followed by two years of probation for sexually assaulting a woman who worked for him in 2014.
“I must communicate through my sentence society’s denunciation of Mr. Mostowy’s conduct,” said Power. “I must deter like-minded individuals who might be inclined to use their position of trust as an employer to sexually offend against individuals who are vulnerable because of their employment.”
In May 2019, Mostowy was convicted by a jury of sexually assaulting a woman who was in her early 50s at the time. Power found that the sexual assault consisted of six incidents over a three-to-four week period in May and June 2014.
At the time, Mostowy was on bail after being charged with the sexual assaults of five women who worked as his office assistants at All Canadian Construction Ltd. between May 3, 2010, and Sept. 23, 2011.
In a victim-impact statement, the woman, whose identity is protected by a court order, described the anger, anguish and uncertainty that has dominated her life since coming forward, said Power.
“It is clear from her statement that since the offence took place in her workplace, a place where she felt strong and capable, the offence has encroached on her working life and is having impacts on her both financial and emotional. She has suffered from depression and other health consequences,” said the judge.
Following his conviction, the court ordered a pre-sentence report and a psychiatric assessment with a risk component to assist with sentencing.
The psychiatrist found that Mostowy put in a reasonable effort in sex-offender treatment during his time in prison and has made progress in his rehabilitation. The psychiatrist found Mostowy is a moderate risk to reoffend, especially in circumstances where he is able to psychologically coerce victims who are in his employment.
Power noted that Mostowy continues to deny the offence and intends to appeal his conviction. He has not expressed any remorse and does not acknowledge the harm to his victim.
Aggravating factors include the fact that there were six separate incidents at his construction business.
“Mr. Mostowy isolated her so that she was alone with him on the job sites and ignored her when she asked him to stop. The incidents occurred over three to four weeks and the woman ultimately left when Mr. Mostowy tried to get her to touch his exposed penis,” Power said.
Mostowy abused his position of trust as her employer, said the judge, adding that Mostowy committed the sexual assault while he was on bail for similar offences, another aggravating factor.
In mitigation, Power found Mostowy has had some benefit from treatment in custody and is willing to undergo more treatment.
However, Power said she can only give limited weight to the insight Mostowy now claims because of his denial of the offence.
After his release from custody, Mostowy must receive counselling or forensic psychiatric treatment as directed by his probation officer. He must inform his probation officer of his employment and relationship status. Mostowy is prohibited from employing women or supervising female employees.
Mostowy was ordered to give a sample of his DNA to the authorities. He is also prohibited for life from possessing firearms.