Cape Breton couple found guilty on sex charges involving young girl

A provincial court judge in Port Hawkesbury, N.S., has found a Cape Breton couple guilty of sex crimes involving a young girl.

Richmond County residents Daryl and Shelley Digout were charged in 2023 with sexual assault, sexual interference and sexual exploitation involving a youth who was regularly in their care for spiritual training and Bible studies.

The girl, who cannot be identified because of her age, was between nine and 12 years old at the time of the offences.

During a trial last month, the Digouts pointed out inconsistencies in the girl's testimony, saying the now-16-year-old often did not recall or remember details in her answers. But Judge Paul Scovil said there is plenty of case law that allows the court to use common sense when deciding on a child's credibility.

"With regard to Daryl Digout's arguments regarding inconsistencies in [the girl's] evidence both at trial and when compared to prior statements made to the police … I find it does not detract from [the girl's] evidence regarding the offences," Scovil said.

The girl told court she started staying with the Digouts on weekends when she was about nine years old. She testified that she usually slept in a room separate from the Digouts when other children were present, but slept in their bed whenever she was alone and felt scared.

Digouts denied charges

Witnesses corroborated those facts, the judge said.

The girl told court that during one of her stays, Daryl Digout placed his hands on her chest and prayed for larger breasts to help her have babies.

She said when she was 11 or 12, the Digouts enticed her to join them in sex that included intercourse.

The Digouts were self-represented and did not present any evidence in court. But they denied the charges and said others put ideas in the girl's head.

Scovil said there was no evidence that someone helped the girl to lie.

The judge said it was up to the Crown to prove its case beyond a reasonable doubt, and that he had no trouble believing the girl.

"I note that [the girl] gave strong and highly credible testimony as to both the touching of her breasts to pray for larger ones and both the fact that the Digouts engaged in sexual activity while [the girl] was in their bed and that the final sexual engagement between both the Digouts and [the girl] occurred."

'Without question sexual assault'

Scovil said what he called the "blessing of the breasts" clearly violated the girl's sexual integrity.

"This in and of itself is without question sexual assault," he said.

"I find as a fact that the events of a sexual nature … occurred and that the events that transpired are without question."

Witnesses told court the couple's religious instruction included an emphasis on marriage and motherhood.

The girl told court that at the time, she believed the training — and sex — was normal and she loved the couple.

Scovil said he found the Digouts were equally guilty on all the charges, including one of failing to appear for fingerprinting at the RCMP detachment in St. Peters, N.S., after the charges were laid.

Prosecuting attorney Constance MacIsaac suggested the Crown might seek to revoke the Digouts' bail, given their conviction on all counts.

But Scovil said even though they are facing incarceration, they have been following court-imposed conditions and could remain free for now.

"I'm prepared to have them on the same undertakings that they have," he said. "They've shown up and I know that this would undoubtedly require a custodial period, but I'll leave it at that."

The Digouts declined to comment to a reporter after the judge rendered his decision. They are due back in court for sentencing in May.

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