Last Updated 22:04:15 UTC Tuesday, March 31, 2020

CA — Nova Scotia, Halifax. A 45-year-old man who identifies as a woman was convicted of the crime of violating the sexual integrity of a continuing care assistant, and has been sentenced to a five-month conditional sentence, followed by 18 months’ probation. He now insists he was only convicted because he is “transgender,” and says his upcoming gender-affirming surgery will make him “undetectable and unrecognizable” so that he will be able to escape from complying with the conditions of his probation.

On October 10, 2017, Susan Leblanc, a member of the Nova Scotia New Democratic Party who represents the electoral district of Dartmouth North, had advocated for Sherri Dawn Barrett at the Nova Scotia Legislature. At the time, the politician described Mr Barrett as “her constituent” and “a woman who is currently awaiting gender confirmation surgery.”

In 2018, Mr Barrett required professional care services. A continuing care assistant, identified in court documents only as “JC,” went to Mr Barrett’s home on June 7 to perform such services as meal preparation, cleaning, and tending to his hygiene.

Mr Barrett sexually assaulted JC repeatedly at his residence, according to her June 17, 2019 testimony before the Provincial Court of Nova Scotia.

Once JC finished cleaning the bathroom, Mr Barrett came up behind her and slapped her on the buttocks, she testified. JC ignored the incident and “just proceeded to do my job,” because “that stuff happens to me quite often.”

Later, as JC was in the kitchen, Mr Barrett slapped her on the right buttock and told her: “You’re pretty, I just want to keep you in my pocket; I want to keep you here forever; I want to request you back to be my caretaker,” JC recounted before the court. JC then informed him that she had a partner, and that this was her profession.

As JC completed paperwork in the living room later, Mr Barrett kneeled in front of JC and hugged her. He told JC he wanted to kiss her, and moved his lips towards hers. JC said, “No, this is unprofessional.”

The 6′-tall, 200-lb Mr Barrett stood up and lifted the 4’9 woman off the floor by the buttocks until JC’s feet were “dangling in the air,” JC testified in Provincial Court.

JC was able to pull away, but Mr Barrett followed her down the hallway and grabbed her buttocks as she leaned over to pick up her bookbag. Mr Barrett asked JC for a hug, and she relented, giving him a “side hug” and a pat on the back before running out the door with her bookbag.

JC reported the incident to her workplace that night and to her care supervisor the following day. She filed a police report on August 27.

In his defense, Mr Barrett made multiple allegations against JC that the court rejected as not credible. The 45-year-old claimed that when JC came to his home, he recognized her as a former schoolmate whom he had last seen in 1996. “Given JC’s stated age of 27, this is clearly impossible,” Chief Judge Pamela Williams determined. “JC would have been no more than 4-5 years old in 1996.”

Mr Barrett also insisted that it was JC who had sexually propositioned him that June 7, and “was … acting smart ass and that.” Mr Barrett told the court that he refused JC’s proposition, but that the spurned woman threatened to stop homecare and VONs services to his home. “And, actually, thinking about it, it … like that day scared me that somebody I knew would do this to me, would proposition me for sex,” he told the court. The judge did “not accept that JC propositioned or threatened Ms Barrett,” finding that the assertions contradicted Mr Barrett’s earlier testimony, in which he described JC as “friendly” and the visit as “perfect,” and recalled having told JC immediately before her departure that he hoped the two would greet each other should they ever encounter in the streets.

The judge found Mr Barrett guilty of sexual assault contrary to s. 271 of the Criminal Code.

According to the Wednesday, July 17, 2013 issue of the Novia Scotia Royal Gazette, the convicted sexual predator had his name legally changed from Charles Ronald David Barrett to Sherri Dawn Barrett on May 18, 2011. He underwent gender-affirming surgery in July 2018.

UPDATE 22:04:15 UTC Tuesday, March 31, 2020

At sentencing, defense lawyer Giancarla Francis argued as mitigating factors that Mr Barrett suffers from gender dysphoria, an assortment of mental health issues – including post-traumatic stress disorder, anxiety and panic attacks – sleep apnea, and spinal and stomach problems, and should be given a suspended sentence and probation. Chief Judge Williams denied the request.

On March 2, 2020, the judge imposed a five-month conditional sentence on Mr Barrett, which places him on house arrest for two months, to be followed by a 10 PM-6 AM curfew for three months. The house arrest order enables him to leave his home for medical emergencies, appointments, legal commitments, social activities and meetings organized by community support groups, and for four hours each week to attend to personal needs. In addition, he must provide a DNA sample for a national databank and register as a sex offender for 10 years, undergo counseling to include sexual offender assessment and treatment, and comply with a prohibition against possessing firearms, communicating with the victim or being within 25 meters (82 feet) of the victim’s residence or place of employment.

“I can’t stand for this,” Mr Barrett declared to reporters outside of the courtroom. “I’m not going to be put against the wall and be treated as a sex offender when I didn’t do anything to her.”

He continued, “Nobody’s going to track me. When I get this surgery done, I’m going to be undetectable and unrecognizable from now on, because I’m going to have a whole change from head to foot.”

Mr Barrett’s final gender-affirming surgery is scheduled to take place in Montreal.

Corrected: A previous version inaccurately stated that Sherri Barrett underwent gender-affirming surgery prior to the sexual attack. Barrett underwent the surgery the month following the assault.