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Two and a half years after he was sentenced to 90 days in jail for having sex with a 12-year-old girl, a Port aux Basques man has been re-incarcerated.
This time, Russell MacLean will spend three years in jail, less the 90 days he served on an intermittent basis following his sentencing in the fall of 2018.
MacLean was 21 when he accepted a Snapchat friend request from the girl in early 2015. Over the course of that winter and spring, the two exchanged messages. The girl said she told him her age, but he said she didn’t.
On June 1, 2015, the two met for the purpose of having sex. It was consensual, but legally, the girl could not give that consent because she was under 16.
MacLean defended the charge on the basis he mistakenly believed she was at least 16 and that he took all reasonable steps to find out her age.
A jury didn’t believe that, and, in September 2017, found him guilty of sexual assault.
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