Langford man sentenced to three years in prison for office sex assaults

A Langford man convicted of sexually assaulting five women who worked at his office has been sentenced to three years in prison.

In January 2016, Kyle Christopher Mostowy, 47, was convicted of sexually assaulting five women who worked as his office assistants at All Canadian Construction Ltd. between May 3, 2010, and Sept. 23, 2011.

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On Friday, Supreme Court Justice Ian Josephson imposed consecutive sentences totalling 46 months.

After applying the totality principle — which states that the combined sentences for consecutive sentences should not be unduly long or harsh — Josephson reduced the sentence by 10 months.

“For over a year, Mr. Mostowy treated his female employees as sexual objects for him to exploit, knowing the high degree of power imbalance that existed between them,” Josephson said.

“These victims were all vulnerable due to their dire financial situations. The position offered by Mr. Mostowy was very attractive to them both financially and as a pleasant place to work.”

But Mostowy exploited their vulnerability as far as he could without the slightest regard to the severe impact on his victims, Josephson said. They suffered depression, anxiety, loss of trust in men and post-traumatic stress disorder.

One employee was hospitalized under the care of a psychiatrist. Another was placed on suicide watch, Josephson noted.

“Mr. Mostowy just doesn’t get it and remains a moderate risk to reoffend unless and until he successfully completes counselling for sexual offenders,” he said.

Josephson found that Mostowy gradually sexualized the office atmosphere with massages and inappropriate comments and discussions. He began touching the victims in a sexual manner. He took the sexual touching as far as he could without employing physical violence, the judge said.

The victims, ages 22 to 42, pleaded with Mostowy to stop the sexual assaults but their pleas only had a temporary effect, Josephson said.

During the sentencing hearing, Crown prosecutor Tim Stokes asked the court to impose a prison sentence of up to five years. Defence lawyer Don McKay suggested a prison sentence of two to 31/2 years.

Mostowy has no prior criminal record, Josephson said. He lived a productive life, owning and operating a successful construction company. He is a qualified helicopter and fixed-wing pilot and has donated his time and energy to volunteer search-and-rescue efforts.

But Mostowy has little insight into his offending behaviour and its impact on the women who worked for him, he said.

“This denial of responsibility was apparent at the sentencing hearing where there were no expressions of remorse, only expressions of the negative impact of these proceedings on his life, as if he were the victim.”

Josephson found Mostowy’s willingness to take counselling an encouraging sign.

Mostowy was ordered to submit a sample of his DNA. He is prohibited from possessing weapons for 10 years and from communicating with any of his victims except during civil court proceedings.

ldickson@timescolonist.com

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