Jail for man who masturbated in front of nurse

Winnipeg Free Press

17-07-2025

BRANDON — A man who masturbated in front of a nurse has been sentenced to more than a year in jail.
Seth Scott, 24, pleaded guilty last month to committing an indecent act, as well as assault and failing to attend court.
'Nurses and other health-care providers are front-line workers, providing an essential service to the benefit of our communities,' provincial court Judge Shauna Hewitt-Michta told court during sentencing Tuesday. 'That a nurse… was subjected to such a degrading and invasive act for the accused's own sexual gratification is a grave concern to the court.'
She said separation from society is necessary and sentenced Scott to six months in custody for the indecent act, on top of the 170 days he has spent in pre-sentence custody, which is worth 255 days of enhanced credit.
Crown attorney Nikki Boggs suggested he be given a seven-month sentence for the indecent act while defence lawyer Bob Harrison had suggested a sentence of time-served.
Scott had gone to a health-care facility in Brandon on Jan. 8, 2025, and asked for an assessment of his lungs. When he was told that wasn't something they offered, he said he wanted a 'sex health assessment.'
Once in the room with a nurse, Scott said he had something he wanted her to look at and pulled out his erect penis and testicles. She took a swab of the area.
'He then began masturbating in front of her, continuing for an estimated 30 seconds as she moved away and dealt with the swab. The incident ended when she told him to get dressed and leave,' Hewitt-Michta said.
He returned roughly an hour later and asked to see a nurse again.
Police arrested him and put him in custody.
On Tuesday, Hewitt-Michta said she was mindful the Crown's position likely contributed to Scott entering a guilty plea, and going above the Crown's recommendation shouldn't be a regular practice.
'(Scott) has demonstrated himself to be a risk to others in various respects, and especially in the respect of sexual offending,' she said.
Hewitt-Michta said his guilty plea is a mitigating factor since it spared the victim from testifying and was a sign of remorse, as well as his apology at last month's hearing.
'He said he was sorry, and I believe him when he says that,' she said.
Hewitt-Michta acknowledged Scott's mental health and addiction issues as well as Gladue factors.
Scott started drinking alcohol and using marijuana when he was 13 years old and at 17 he started using cocaine, which escalated to daily use that led to drug-induced psychosis.
Scott was diagnosed with ADHD when he was in high school and later with schizophrenia, for which he is now on medication. He said he was high and hallucinating during the time of the offence.
Hewitt-Michta said Scott's grandmother went to residential school. She lived in foster homes and at times she was homeless.
'She and the accused's grandfather are now pastors in the Christian faith, and the accused's mother and the accused in turn were raised in Christianity. So, there is an enduring disconnect from Indigenous culture,' she said.
The sexual nature of the crime and the fact the victim is a health-care worker are aggravating factors, the judge said.
Without his mental health and Gladue considerations, Hewitt-Michta said she would have imposed a sentence in the range of 15 months.
For the assault, where Scott knocked a loss prevention officer's phone out of his hand when he tried to call the police on him for stealing, Hewitt-Michta sentenced him to 15 days. For failing to attend court, she sentenced him to another 15 days.
— Brandon Sun