4 years in prison for man who had sex with wife's teenage niece: Alberta Court of Appeal

A southern Alberta man who had sex with his wife's 16-year-old niece must spend four years in prison after theAlberta Court of Appeal overturned his two-year conditional sentence, sendinga message that there will be no leniency for those who abuse their positions of authority and have sexual relationships with minors.

The court of appeal also overturned a ruling by Justice Karen Horner that the one-year mandatory minimum sentence on a conviction of sexual interferencewas unconstitutional.

"The mandatory minimum remains constitutionally valid," reads the decision released Tuesday.

EB who can't be identified in order to protect his victim had been serving his sentence in the community but now has 72 hours to turn himself into authorities.

EB originally found not guilty

The relationship between EB and the victim began in 2013, when the"troubled, rebellious" 16 year old began living with her aunt's family.

The trial judge noted the teen was"aggressive" in initiating a sexual relationship with EB which ultimately led to his acquittal on two of three charges.

The six-week relationship ended in 2013 when EB's wife caught them in the middle of a sexual act. The victim then went to police and told officers she had been sexually assaulted.

Following a trial before Justice Karen Horner in 2016, EB was found not guilty on all three charges; invitation to sexual touching, sexual assault and sexual interference.

The issue on the charge of sexual interference was whether the uncle was in a position of authority. Horner ruled that because EB was the complainant's uncle by marriage, the position of authority did not exist.

EB on house arrest

On appeal, the higher court found the teen was in a relationship of dependency while living with her aunt and uncle so a conviction on the sexual interference charge was substituted and the case was sent back to Horner for sentencing.

The prosecution had originally proposed a four to five year prison sentence. And although a one-year jail term is the mandatory minimum for a conviction on that charge, Horner sided with EB's lawyer and agreed that the 12-month term would be "grossly disproportionate to the fit and proportionate sentence."

Instead, the judge imposed a two-year conditional sentence, which meant EB could serve his sentence at home under conditions which include16 months of house arrest followed by eight months of curfew. He also was required to complete 200 hours of community service.

EB must now turn himself in to the Calgary Remand Centre by Friday.

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