A Canadian judge has faced criticism after telling a sexual-assault survivor that publicly identifying her attacker would be “very unfair” to him—just before imposing what prosecutors described as a lenient sentence.
Susan Gilbreath, 50, told the Toronto Star that her former boyfriend, Frederick Moore, 54, attacked her on March 24, 2023. She said he tore off her pink pants, attempted to penetrate her with his fingers and forced her tampon into her mouth.
Moore then pursued her from the apartment, slammed her head against an elevator wall and threatened to kill her.
“I saw complete evil that day,” Gilbreath told the outlet.
As Moore’s sentencing approached, Gilbreath decided she wanted the publication ban protecting her identity removed. The ban also shielded Moore, since publishing his name could have compromised her privacy.
Under Canadian law, however, a publication ban can remain in place in only limited circumstances when a victim asks for it to be lifted.
Gilbreath said Superior Court Justice Gillian Roberts initially hesitated, noting that Moore had been candid when he admitted to the rape and suggesting he might not have done so without the protection of the ban.
“I’m concerned there’s a basic unfairness in lifting the ban,” Roberts said, according to The Star. “I feel like I’m ripping the carpet out from under him in a way that feels very unfair to me.”
Susan Gilbreath, 50, said Frederick Moore, 54, attacked her on March 24, 2023, tearing off her pink pants, trying to penetrate her with his fingers and forcing her tampon into her mouth. He received a 3.5-year sentence after admitting to the crime
Gilbreath said she was stunned and “numb” as she sat in the courtroom on October 23.
“It was me, the victim, who kept on having to deal with [Moore’s] power and control after the fact. Who are we protecting here? Are we protecting the victim? Or are we protecting the perpetrator?” she told The Star.
The judge eventually called a recess to review the Criminal Code. After doing so, Roberts ruled in Gilbreath’s favor and lifted the ban, allowing her to speak publicly about the assault, including to the media and on social media.
Gilbreath was shocked again when Roberts sentenced Moore to just 3.5 years in prison, with eight months credited for time already spent behind bars following his arrest.
Prosecutors had sought an eight-year sentence.
Roberts acknowledged that the punishment was “a very low sentence given the seriousness of the offense and the effect on the victim,” but said the case involved “unique circumstances.”
The judge pointed to Moore’s early admission of guilt, which avoided a trial. She also considered his decision to attend a rehabilitation facility and stop drinking after his arrest.
Roberts further allowed Moore to remain out of custody on bail while he appeals, a decision Gilbreath said has left her frightened.
IN CASE YOU MISSED IT: Bear Grylls on Russell Brand’s Christian Conversion: It Seemed Genuine
The pink pantsuit Gilbreath was wearing when she was attacked. After she asked the judge to lift the publication ban protecting both names, Roberts said doing so would be “unfair” to Moore because he had been candid in his testimony. The ban was later removed after the judge reviewed the law
“I am once again facing the possibility that his freedom will continue at the expense of my own sense of safety and peace,” Gilbreath wrote in a letter to the court before sentencing.
Moore initially faced 18 charges stemming from two incidents involving his former girlfriend, including sexual assault and death threats. He was ultimately convicted only of aggravated sexual assault.
Moore is appealing the conviction, arguing that the case should have been dismissed because of the police handling of his cellphone. In June, Roberts ordered the Crown to pay Moore $50,000 over delays in the proceedings.
The Crown argued that it should not be held responsible for the “misdeeds of the police.”
Gilbreath has also filed a complaint with the Ministry of the Attorney General, requesting a formal review of how her case was handled, she told The Star.
She said her main concerns include the dismissal of most of Moore’s charges and an agreement between the Crown and Moore that allegedly presented a downplayed version of the facts without her knowledge.
Gilbreath said she was also told on the day of sentencing that Moore would not be required to wear a GPS monitor.
“If I knew he wasn’t being monitored, I would have probably taken the advice of the family doctor and left the province,” she told The Star.
Gilbreath said she saw “complete evil” when her former boyfriend attacked her (Source: Facebook)
She has filed a formal complaint with the Ministry of the Attorney General seeking a review of her case and how it was handled (Source: Facebook)
“Why is the victim on the run when the person who did this is walking free?”
In her victim impact statement, Gilbreath described lasting physical and psychological injuries. She said she wanted the chance to rebuild her life without constantly looking over her shoulder.
“I survived something that I never should have had to survive,” she told the outlet. “I beat statistics that too many victims of intimate partner violence do not.”
“I feel that because I survived, I’m more or less being punished. I really feel that if he killed me that day, maybe the outcome would be different.”
Gilbreath told Our News Outlet that she does not expect Moore’s appeal to succeed. Although a no-contact order is in place, she said, “the fear is always there.”
