A Canadian judge has faced criticism for remarks made during the sentencing of a man convicted of aggravated sexual assault, including stating it would be "unfair" to lift a publication ban on the attacker's name at the victim's request. Superior Court Justice Gillian Roberts also imposed a sentence of 3.5 years, with credit for eight months served, a decision significantly lighter than the eight-year sentence sought by the Crown.

The incident involved Frederick Moore, 54, and his ex-girlfriend Susan Gilbreath, 50. On March 24, 2023, Moore attacked Gilbreath, ripping off her pants, attempting to penetrate her with his fingers, and forcing a tampon into her mouth. He also pursued her, banged her head against an elevator wall, and threatened her life. Gilbreath described seeing "complete evil that day."

As Moore's sentencing approached, Gilbreath decided she no longer wanted a publication ban on her name, which also shielded the perpetrator's identity. Under Canadian law, such bans can be lifted at the victim's request under specific conditions. However, Justice Roberts hesitated, expressing concern that lifting the ban would be "very unfair" to Moore, given his candid admission to the crime.

"I’m concerned there’s a basic unfairness in lifting the ban," Roberts stated, 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."

Gilbreath, who was present in court on October 23, expressed shock and numbness at the judge's comments. "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 asked The Star.

Following a recess for the judge to review the Criminal Code, which supported lifting the ban at the victim's request, the publication ban was ultimately removed. This allowed Gilbreath to speak openly about her assault.

Roberts explained the leniency of the sentence by citing "unique circumstances," including Moore's swift admission of guilt, which averted a trial. She also noted his attendance at a rehabilitation facility and his abstention from alcohol post-arrest. The judge acknowledged the sentence was "very low" given the offense's seriousness and its effect on the victim.

Further adding to Gilbreath's distress, Moore was allowed to remain free on bail pending his appeal. This decision left Gilbreath fearing for her safety, stating in a letter to the court, "I am once again facing the possibility that his freedom will continue at the expense of my own sense of safety and peace."

Moore was initially charged with 18 offenses related to two incidents, including sexual assault and death threats, but was only convicted of aggravated sexual assault. He is appealing the conviction, citing alleged mishandling of his cell phone by the police. In June, Justice Roberts ordered the Crown to pay Moore $50,000 for delays in the case, a decision the Crown argued should not be attributed to their actions.

Gilbreath has filed a formal complaint with the Ministry of the Attorney General, requesting a review of her case and its handling. Her concerns include the dismissal of most of Moore's charges and what she perceives as a downplayed statement of facts agreed upon without her knowledge.

Gilbreath was also informed on the day of sentencing that Moore would not be required to wear GPS monitoring. "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. "Why is the victim on the run? When the person who has done this is walking free?"

In her victim impact statement, Gilbreath detailed the physical and mental scars left by the assault and her desire to build a life free from constant fear. "I survived something that I never should have had to survive," she said. "I feel that because I survived, I’m more or less being punished. I really feel that if he killed me that day, that maybe the outcome would be different."

Despite a no-contact order against Moore, Gilbreath stated that the "fear is always there."