Marlena Bennett will never be trusted around children for the rest of her life once released and there are concerns she could reoffend.
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Marlena Bennett received a 10-year sentence for sexually abusing an infant and creating and sending child pornography with her boyfriend, Andrew Wall. Yet there are concerns she could reoffend once released and for the rest of her life, Bennett will never be trusted around children.
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She has a lifetime ban from parks, public swimming areas, daycare and community centres, schools and playgrounds. She can never contact someone under the age of 16 without supervision. This includes in workplaces or volunteer positions. She must give a DNA sample and stay at least two kilometres away from any residence where the victim is staying.
Bennett said nothing as Justice Shaina Leonard delivered her sentence in the Fort McMurray Court of King’s Bench on Wednesday afternoon. She sat still with a blank look on her face and moved only to wipe away an occasional tear. She has been in custody since February and has just under nine years left on her sentence.
“I acknowledge that the offender, at times, tried to resist Mr. Wall and tried to dissuade him from these activities. In the end, however, she gave in to his needs,” said Leonard.
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Material shared ‘vulgar and explicit’
During a two-week trial in January, Crown prosecutor Bonnie Parker described Wall as a sexual predator who preyed on children and manipulated Bennett into fulfilling the sexual abuse.
Parker read multiple texts the couple shared between 2016 and 2020 with detailed descriptions of sexually abusing children, including an infant the couple knew. They also spoke about plans to manipulate parents into getting close to other children.
Wall argued the charges were a misunderstanding. He had no shame or embarrassment in his voice as he admitted he and Bennett shared text messages with graphic descriptions of sexually abusing children. He insisted these events were fantasies that never happened. But a teary Wall shook his head, closed his eyes and fidgeted nervously as Leonard said in her decision she did not believe him.
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When Bennett met Wall at a bar in 2015, defence lawyer Frank Carbonaro, described her as a lonely and traumatized woman struggling with past sexual abuse, the end of a marriage, failed relationships and multiple miscarriages. Carbonaro argued Wall took advantage of Bennett and abused her verbally, emotionally and psychologically.
Leonard agreed these events made her more vulnerable to Wall’s coercion, but were not mitigating factors. She noted an infant could not tell an adult about the abuse, and Bennett used her position as a trusted friend of the parents to get close to the victim. The couple also sent each other child pornography, including images, videos and text messages describing sexually abusing children.
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“The offender produced the child sexual abuse material to satisfy Mr. Wall. She advocated, encouraged and counselled the activities in question. The material is vulgar and explicit,” said Leonard.
Bennett and Wall were found not guilty respectively of bestiality and compelling bestiality. Leonard ruled there was not enough evidence to show Bennett actually carried out the action in 2020, although Bennett admitted during the trial she sexually abused a dog in 2016. A sexual assault charge against Wall was stayed.
‘Moderate risk’ Bennett could reoffend once released
A psychiatric report completed in May warned Bennett is at a “moderate risk” of reoffending if she maintains a relationship with Wall or enters another relationship just as abusive and coercive.
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It found Bennett “extremely vulnerable” to male coercion and “extremely protective” of Wall to the point she cannot “advocate for herself.” She defended Wall as someone who experienced “plenty of hardships and plenty of people turn their backs on him.” Court heard the two spoke weekly through letters.
The report argued Bennett must seek counselling during her sentence and end contact with Wall. Leonard agreed and banned Bennett from speaking with Wall directly or through a third-party during her sentence.
The court heard Bennett lost friends, family and employment once she was charged. Multiple threats were made against their lives. Wood Buffalo RCMP warned people that vigilantism is a crime after people with no connection to the couple reported harassment once their home was mistakenly identified on social media as the home of Bennett and Wall.
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Bennett and Wall had actually fled to a cabin somewhere in B.C. and stayed at a friend’s apartment in downtown Fort McMurray during the trial. Leonard said the public reaction was “inevitable” given the nature of the charges.
Wall was supposed to be sentenced with Bennett, but this changed when he had to replace his lawyer. A sentencing date for Wall is being scheduled and Parker anticipates it will be harsher than Bennett’s sentence.
Parker suggested up to 15 years for a sentence, but told media after the sentencing she is happy with Leonard’s decision. However, Parker admitted she also worries Bennett will reoffend once released.
“It’s concerning that after everything that she’s faced, she does not seem to appreciate that he was manipulative and coercive, And that’s why my concern for her risk to reoffend is high,” she said.
“Had she come to court today and recognized that he was manipulative and coercive and volunteered to have no contact with him, I would not have as much concern for her risk to reoffend as I continue to have.”
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vmcdermott@postmedia.com
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