An Oliver man was found guilty of sexual touching, invitation to sexual touching and sexual assault, Friday, in a Penticton courtroom.
Supreme Court Justice Catherine Bruce handed down the decision, following the earlier trial for TJB*, which included testimony from the 12-year-old victim and family members.
Bruce said she did not believe TJB's testimony, stating she believed it was his intention to minimize the closeness of the relationship.
Furthermore, she said there was a pathological desire for the accused to be near the victim - that he begged to be close.
TJB denied that the victim was clingy, but then described him in those exact terms to the police.
He also went to great lengths to be with the child, being in a very close relationship that appeared inappropriate in the eyes of the school's principal.
He inserted himself into the boy's school time and play time, and they had lunch together in his truck, the judge stated.
Lastly, TJB denied being gay in court and when asked about girls, said he had relationships with women.
This led the judge to say she found TJB highly defensive of his sexuality.
Bruce said she further accepted that crown counsel Catherine Crockett had proven charges beyond a reasonable doubt.
It was made clear, she said, there were sexual overtones, because of TJB's need to be close to the victim, his late night text messages, repeatedly asking to have the victim stay overnight and the significant age difference.
It was, she said, an unusual and highly suspicious relationship, coupled with classic grooming behaviour.
That behaviour including buying him gifts and taking him to the movies, which no one else was doing, she added.
She did recognize there were some problems with the victim's evidence, such as he lied about watching pornography with TJB and exaggerated about a fireworks incident to impress a police officer.
She stated, however, that given the boy's age at the time, one cannot expect the victim to have perfect recall.
It is difficult, she said, for a young child to distinguish events.
In terms of the defence's argument that the boy's evidence was influenced by his family, she said, there was no evidence he was told what to say to the police.
A pre-sentence report as well as a psychiatric report were ordered in the case.
The crown's request to have TJB's bail revoked and have him remanded into custody was denied.
The judge based her decision on the fact that he does not have a criminal record, does not pose a flight risk and this is his first offence.
The conditions of his bail were tightened, however.
Conditions include having no contact with the victim, to not have any contact with minors and reporting to a bail supervisor.
The incidents involving the boy took place between June 2011 and the summer of 2012.
The boy testified early in the trial that he was told to masturbate TJB and was involved in such activities as dry humping and anal sex.
TJB repeatedly denied the allegations. He described the relationship as being a big brother, who was concerned for the boy's well being and helping the family as a whole.
Family members, who sobbed in court as the decision was handed down, declined to comment.
Members of the Urban Bulldogs Against Kids Abuse who supported the victim during the trial said they were pleased with the decision
"I'm quite happy and right now still in shock, because this has gone on for way too long," said a Penticton member, as he stood on the courthouse steps. "And I'm glad to see him get what he deserves.
He added he was very proud of the boy for testifying.
A second member said she was "so bloody happy," mostly happy for the young man who stood up and gave testimony. He will not lose faith in the system, she said.
Family members as well as friends, and the boy himself, are not identified because of a publication ban.
The next court date regarding the TJB matter is Feb. 2, 2015.
*this story has been modified to comply with a court ordered publication ban