A migrant worker from Jamaica will be deported after being convicted of sexual interference with two teenage girls at a swimming pond in Delhi, Ontario.
Henry was in Canada as part of a migrant worker program for local farms.
Dwayne Omar Henry, of Manchester, Jamaica, was found guilty of two counts of sexual interference by Justice Aubrey Hilliard at his recent sentencing hearing. As for two other charges of sexual assault, those were conditionally stayed by the court.
The incident occurred on the evening of May 27, 2021, on William Street in Delhi.
Henry and some friends were swimming at the pond and allegedly drinking alcohol. Henry approached two young women, who were also swimming there, and hugged them without their consent. He also moved his hand across the buttocks of one of the girls.
According to Justice Hilliard, the incident was an “objectively sexual act” by a 31-year-old man against two teenage girls.
“I found the Crown didn’t make out beyond a reasonable doubt the most aggravating pieces of the sexual assault allegation,” said Hilliard.
“Mr. Henry was ultimately convicted of the hugging and he was a 31-year-old man and they were teenagers at the time. It was an objectively sexual act.”
The girls remained in the area but allegedly began screaming when Henry returned.
Henry pleaded not guilty to the charges and maintained his innocence at his sentencing hearing. He said he did not know that a hug could be so serious and that he felt he did not get a fair trial.
“I feel like I don’t get a fair trial because it is my first time. I deserve a better trial,” said Henry.
He also said his life had been ruined by one indiscreet act and that he wanted to return to Jamaica to see his children.
Henry had already jeopardized his time in Canada by not returning home at the end of his visa. He was considered “over-stayed” which gave him a one-year ban from the country.
Hilliard sentenced Henry to 179 days in jail and claimed that he would likely be deported after his sentence was completed.