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Judge knocks year off Métis-Cree woman’s sentence for sexually assaulting 15-year-old
A British Columbia judge has knocked a year off the prison sentence for a Métis-Cree woman who sexually assaulted a teen less than half her age after sending the boy “sexualized photographs” of herself “in states of undress, as well as pictures of her breasts and vagina.”
Matraca Lynn Dodding has pleaded guilty in B.C. Provincial court to sexually assaulting a 15-year-old in the spring of 2024 when she was 32 years old. She also pleaded guilty to communicating with the young man, whose identity is protected by a publication ban, for the purpose of facilitating the sexual assault.
“We know that as a Métis-Cree woman that Ms. Dodding has a greater chance of being physically, violently, emotionally and spiritually victimized. The information I have confirms that she has experienced incredible trauma in her life, which is not her fault,” Judge Alexander Wolf wrote in a recent decision out of Port Alberni.
“It concludes that Ms. Dodding’s personal Indigenous sentencing factors, as well as all the other sentencing considerations in general, support (a) four-year sentence. However, I believe the sentence does not adequately address concerns particular to her circumstances as an Indigenous, or in this case, Métis-Cree, woman. In my view, after having considered all the circumstances of this case, I conclude that a three-year sentence of jail is appropriate.”
The judge quoted an earlier decision he made about another Indigenous female offender.
“On the surface, this approach may look like that would be giving Indigenous women special treatment in the sentencing process. I am fine with that — and I would say it is about time,” Wolf said. “On a deeper level, it is not really a preferred treatment, but rather a recognition of the (Indigenous Female Sentencing Considerations/factors) that are specific to being an Indigenous woman in this country.”
Wolf, who also identifies as Indigenous, is a member of the Kwikwasut’inuxw Haxwa’mis First Nation on Gilford Island, B.C.
Before the judge sentenced Dodding, he had the opportunity to study a Gladue Report about her prepared by Senior Gladue Report Writer Sara Doran from the BC First Nations Justice Council.
Gladue principles were set out in a Supreme Court of Canada decision over a quarter century back. They indicate sentencing judges must consider the unique circumstances of Indigenous offenders, as well as systemic issues like the impact of residential schools, to address the over-representation of Indigenous people in Canada’s prisons.
“The Indigenous Sentencing Report confirms that Ms. Dodding is a 33-year-old Métis and Cree woman. While she has an interest in learning more about her Métis background, this journey has been complicated and she feels disconnected from her cultural roots,” Wolf said in his Jan. 28 decision.
“This is not surprising as Colonialism, by its very nature, has created barriers for Indigenous people to maintain their relationship to their culture, community and language.”
The judge noted Dodding has experienced “parental substance abuse, abuse and neglect, disconnection of Indigenous community and culture, sexual abuse, victimization, physical and mental health issues, and premature deaths among family members.”
When confronted in April 2024 about sexually assaulting the 15-year-old, Dodding “explained that it had started a few weeks prior, with the victim calling her ‘baby’ or ‘beautiful’ and their communication progressed into her sending sexualized messages,” said the decision.
The victim told authorities that those messages started after he went out for lunch with Dodding.
“After going out for lunch a few times, he described the accused as becoming flirtatious. After one of the lunches, they went for a drive,” said the decision.
“It was on this drive that the accused drove them to a dead end. After some sexual touching, the victim removed his pants and the accused performed oral sex on him.”
It was at this point, said the judge, that Dodding agreed to buy the teen some marijuana.
“Between March 30, 2024, and April 10, 2024, the accused purchased marijuana for the victim on a daily basis and consumed it with him. The accused also purchased alcohol for another 14-year-old and 15-year-old during this time period. It is not alleged that the contact between the accused and these two other youth was sexual in any way.”
The Crown recommended Dodding should be sentenced to between three and five years in prison.
Her defence lawyer argued “that a fit sentence is two years less one day, plus three years’ probation.”
Dodding invited the teen for lunch a number of times and “on one occasion, they had sexual contact, which included, amongst other things, the accused performing fellatio on the 15-year-old boy,” said the judge.
“To be clear, a 15-year-old child does not have the legal ability to consent to have an adult perform sexual acts on them. Any sexual contact is illegal and against the law.”
While Dodding only had sexual contact with the teen “on one occasion, over a period of time, there were a number of lunches together, many communications, many text messages and sexualized pictures,” Wolf said. “I conclude that many of the communications and actions of the accused are consistent with grooming.”
That, the judge noted, “is considered a type of predatory behaviour.”
The “maximum punishment for the sexual assault is 14 years,” Wolf said.
“We know that all sexual assaults can have long lasting and significant impact on young victims, male or female,” said the judge. “We know that sexual offences against children are violent crimes and inherently wrong, and highly morally blameworthy.”
Dodding “pled guilty and has expressed remorse, is at low risk to reoffend and has done well on bail,” said the judge, noting she “voluntarily has taken counselling, (and) that more than likely her long-term rehabilitation will be accomplished with time.”
Wolf concluded that a “three-year sentence appropriately addresses denunciation and deterrence.”
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