Calgary, Alberta businessman gets 1 1/2 years probation for groping 17 year old

By KEVIN MARTIN, SUN MEDIA

Groping a teen he'd plied with alcohol while in the "throes of a mid-life crisis," has landed a Calgary man an 18-month term of probation.

Provincial court Judge Anne Brown said the discharge sought by defence lawyer Balfour Der for Phillip Howard Graham, in part because of a positive psychological report, wasn't warranted.
And Brown was critical of the objectivity of Dr. Thomas Dalby's assessment, although she accepted his opinion Graham was a low risk to reoffend.

In his report, Dalby said Graham is "concerned about moral standards and rules," Brown noted.
"This assessment certainly flies in the face of the court finding that Mr. Graham was in essence acting out on the throes of a mid-life crisis," she said.

Brown said Graham abandoned "his role as the mature, responsible adult by being the least mature person in the situation."

Graham was convicted of sexual assault in an incident two years ago in which he groped a 17-year-old guest attending his daughter's house party.

Brown ruled the city businessman, then 53, plied the teen with alcohol to the point she became ill and flirted with her so openly his daughter sent him to his room. After a nap, Graham went out to their hot tub and was soon joined by others, including the victim.

He pulled the teen close to him and put his hand under her swim suit. The girl jumped from the hot tub, leaving the home.

Brown said an aggravating factor to the crime was Graham was in a position of trust over the partygoers. "Far from acting as a responsible adult, Mr. Graham seemed rather to be trying to curry favour with young people 35 years his junior," she said.

Conditions of Graham's probation include that he undergo counselling for self-esteem, alcohol abuse and gender sensitivity, and complete 75 hours of community service.