Provincial court Judge Mark Tyndale raised the spectre of a four-year jail term Monday for the 35-year-old Calgarian, who earlier pleaded guilty to the charge.
"I'm cognizant of the fact this young woman ostensibly consented to all of the activities. However, I am instructed by the courts above me that her consent and her actions of consent are absolutely irrelevant in the circumstances," said the judge. "She is incapable of consent."
According to an agreed statement of facts, the restaurant manager and the girl began a friendly relationship in January 2007 that turned sexual by April. They continued to have sex on a weekly basis at his home. She got pregnant twice within a year, first having an abortion and then suffering a miscarriage.
After the abortion, according to court documents, she attempted suicide by cutting her wrists and trying to overdose on ibuprofen, landing her in hospital. She then abused drugs, ran away from home and stopped going to school.
Before the third pregnancy, which the girl brought to term, she had an argument with her mother and police were called in to investigate.
The boss was charged in June 2008 and released with a provision he not have any contact with the girl. He breached the condition by visiting the hospital the day his baby was born. He has pleaded guilty to that charge.
A court order prevents the release of details, including naming the accused or the restaurant, that would identify the girl.
Crown prosecutor Melissa Bond pitched a nine-month sentence while defence lawyer Tonii Roulston sought a 90-day intermittent term.
Tyndale asked the lawyers to provide more information on why the offender shouldn't face the four-year minimum, as specified in case law.
The judge said sexual intercourse constitutes a major sexual assault under case law, and the Court of Appeal has indicated major sexual assault of a child has a four-year starting point.