Former Langford contractor sentenced to 9 months jail for sexual assault
On Friday in B.C. Supreme Court in Victoria, 51-year-old Kyle Mostowy was sentenced for sexual assault. (File photo)
VICTORIA -- Kyle Mostowy has been sentenced to nine months in a provincial jail for sexually assaulting a woman who worked for him as a dry-waller.
On Friday in B.C. Supreme Court in Victoria, Madame Justice Jennifer Power passed sentence over the 51-year-old Mostowy, the former owner of All-Canadian Construction.
He was convicted of sexually assaulting his employee over two to three weeks between May and June of 2014.
Mostowy assaulted the female employee on six separate occasions while he was out on bail after being accused of sexually assaulting five women who worked in his Langford-based office in 2010 and 2011.
During Friday’s sentencing, Power referenced a written victim impact statement in which Mostowy’s victim wrote she has suffered with depression and has been subjected to financial hardship since the sexual assaults.
Power also noted the similarity of the sexual offences suffered by the female employee in 2014 and the circumstances of a previous sexual assault conviction in January 2016.
In January 2017, the Langford contractor was sentenced to 36 months in prison for sexually assaulting five female employees. At his 2016 trial, the court heard all five of the female employees describe similar circumstances. At that time, the women said Mostowy gave them unwanted massages which escalated over time to unconsentual sexual touching and sexual acts.
In Friday’s sentencing decision, Power noted that Mostowy used his position of trust and power over his victim to work alone with her at job sites. It was while they were alone on those job sites that Mostowy tried to coerce the victim into touching his exposed genitals. Power suggested that Mostowy exploited his female employee’s vulnerability because, as her employer, she relied on him to earn her living as a dry-waller.
Power also noted that Mostowy continues to deny he assaulted the female dry-waller and he has shown no remorse for his actions.
Two reports from psychologists prepared for Friday’s sentencing stated that Mostowy poses a low to moderate risk to re-offend.
She sentenced Mostowy a nine-month sentence to be served in a provincial jail. When he is released, he will serve an additional 24 months probation. Mostowy must provide a sample of his DNA. His sentence also includes and automatic lifetime ban from owning or possessing a firearm and ammunition.
The sentence order also bars him from contacting the victim of the assaults or attending to a home where she may live or a place of business or school that she may be attending.
When he is released he is to advise his probation officer of any relationships he may have and any changes to those relationships that may occur.
The judge informed the court that Mostowy intends to appeal his conviction.