Probation for man caught masturbating openly in a park north of Penticton

Probation for indecent act

Photo: File photo

One man was sentenced for an indecent act in Penticton court on Thursday.

A 71-year-old man caught masturbating in a park along Okanagan Lake back in 2023 was sentenced to two years of probation on Thursday.

Rodney Penway previously pleaded guilty to committing the indecent act in a public place when he was at Soorimpt Provincial Park between Penticton and Summerland.

Court heard that on July 19, 2023, Penway was next to his vehicle in the park, where he saw a couple go off into the bushes for what he assumed was sex and began masturbating.

Penway previously said that he misread the room and thought he was invited.

Defence counsel Paul Varga said in his submissions that Penway has had significant involvement with his community, volunteering with the Rotary Club and other organizations over the years. He has no prior criminal record.

Varga took exception with the Crown's proposed condition that stipulates Penway not have any contact with children.

"To remind the court that the complainants in this circumstance are adults, not children," Varga said. "There is no connection to the children in respect to the offence, only that there were children nearby."

He noted that Penway helps look after his grandchildren.

Penway addressed Justice Lynett Jung when given the opportunity to apologize for his actions and give his version of events.

"I did not plead guilty to the accusations that were made against me by the complainant, which involved children," he said. "There were no children directly present as either complainants or victims, and there were no children in view, as they were unable to view either the complainants or myself."

Penway said he thought the couple would not be offended.

"It was a very terrible mistake, and I am deeply regretful and remorseful, and I apologize for my behaviour. It was an extreme error in judgment. I was in a public place, and I had no intent to offend anybody," he said.

Penway has spent the last two and a half years on probation without incident, and Varga asked that he be given a conditional discharge, which would help Penway avoid having a permanent criminal record.

But Justice Jung disagreed.

"A conditional discharge would fail to adequately denounce this criminal conduct and would inadequately deter others from similar conduct," Jung said.

Jung said she found that Penway went on to criticize the victim and did not fully admit to his wrongdoings.

"It doesn't show insight into the impact that this crime had on the victim. The victim should be able to go through any place in a park and walk through the beautiful, perhaps ponderosa pine trees and the beautiful parkland in safety without somebody exposing their penis and masturbating," she said.

"It is not acceptable, and it is not legal for people to engage in sex acts in parks."

Jung also said that in the psychiatric report, Penway told the doctor that masturbating in a public park while children are in the vicinity "is not a big deal."

Penway also claimed at one point that he was worried a witness would "make up her account because she was potentially worried that he, referring to Mr. Penway, and her husband, would make a connection."

Jung handed down a suspended sentence, which will leave Penway with a criminal record, and placed him on probation for 24 months.

His probation conditions include being prohibited from attending specific locations, such as public parks, or places where persons under the age of 16 years are present or can reasonably be expected to be present, along with entering into a relationship or marriage with any person who has children under the age of 16 or who has care of or access to children under that age, unless approved by the probation officer.

Jung did not impose a condition for no contact with minors, taking into account his family situation.